Commerce/BIS

The Bureau of Industry and Security (BIS), Department of Commerce is announcing its recruitment of candidates to serve on one of its six Technical Advisory Committees (“TACs” or “Committees”). TAC members advise the Department of Commerce on the technical parameters for export controls applicable to dual-use items (commodities, software, and technology) and on the administration of those controls.

Microsoft has agreed to pay $3.3 million to settle potential civil liability relating to exporting services or software to comprehensively sanctioned jurisdictions and Specially Designated Nationals (SDNs) in violation of OFAC's Cuba, Iran, Syria, and Ukraine-/Russia-Related sanctions programs.

An Estonian national has been indicted on eighteen counts related to conspiracy and other charges, including the procurement of sensitive US-made electronics for the Russian government and military. He engaged in this conduct despite being listed on the US Department of Commerce-maintained "Entity List," which designates individuals and companies barred from exporting items from the United States without a license.

For the next annual offset report reflecting calendar year 2022 data, U.S. firms must submit the required information on offsets agreements and transactions from calendar year 2022 to BIS by June 15, 2023.

A federal court has ordered the forfeiture of approximately $826,000 in funds connected to an attempt to smuggle a dual-use export-controlled item to Russia. The high-precision jig grinder, manufactured in Connecticut, was intercepted in Riga, Latvia, before it could be shipped to Russia. The machine is subject to export restrictions due to its potential applications in nuclear proliferation and defense programs.

Evan Broderick Acting Executive Director of the Information and Communications Technology and Services (ICTS) program at BIS discussed the OICTS, a rapidly growing enforcement activity that set up shop last March.

“The program started with the 2019 Order 13873. that is the Supply Chain EO as it's commonly referred to. It is essentially said that the secretary of commerce can prohibit or mitigate ICTS transactions: information and communications technology transactions that used data in transferred from and linked to a foreign adversary."

Commerce released a Notice of Proposed Rulemaking for the guardrails intended to ensure technology and innovation funded by the CHIPS and Science Act is not used for malign purposes by adversaries.

The Automated Export System has been modified to report shipments governed by last Fall's Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use Rules.

Assistant Secretary for Export Enforcement Matthew S. Axelrod  reviewed his team's initiatives in the Research Community in a March 8th speech to the Academic Security and Counter Exploitation Program’s Seventh Annual Seminar. 

The December 2021 Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (WA) Plenary meeting made certain decisions affecting the WA control lists, which BIS is now implementing via amendments to the Commerce Control List.

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