Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding 13 persons to the Unverified List (UVL), all located in the People's Republic of China, on the basis that BIS was unable to verify their bona fides through end-use checks. UVL placement suspends EAR license exceptions for shipments to listed parties and requires US exporters to obtain a signed UVL Statement before exporting any item subject to the EAR. A grace period applies for items already in transit: shipments commenced before 18 January 2024 may proceed under prior conditions. Published 20 December 2023 (88 FR 87897, FR Doc 2023-27928); effective 19 December 2023.

On 8 December 2023 the Bureau of Industry and Security (BIS) published a direct final rule (88 FR 85479; FR Doc 2023-26532) making two export-liberalisation amendments to the Export Administration Regulations (EAR). First, BIS removes Chemical and Biological Weapons (CB) proliferation column controls from the Commerce Country Chart for exports of certain pathogens and toxins (ECCNs 1C351, 1C353, and 1C354) when destined to Australia Group (AG) member countries, on the basis that AG members operate equivalent domestic CBW-export controls. Second, the rule revises the Crime Control and Detection (CC) column entries for Austria, Finland, Ireland, Liechtenstein, South Korea, Sweden, and Switzerland, reflecting the updated US assessment of those countries' law-enforcement export-control standards. Both changes are effective on publication and reduce US export-licensing burdens for allied-country destinations without altering controls for non-allied markets.

China's Ministry of Commerce and General Administration of Customs jointly announced (Announcement No. 33 of 2023) export-licensing controls on graphite products, effective 1 December 2023. The regime covers natural flake graphite and products thereof (including spherical graphite and graphite powder used in lithium-ion battery anodes) as well as high-purity, high-hardness, and high-strength synthetic graphite materials. Exporters must obtain dual-use-item licences from MOFCOM citing end-user and end-use; licences are granted at MOFCOM's discretion. The announcement came three days after the 17 October 2023 BIS advanced-chip-controls expansion, continuing the proportional-response pattern established with Ga/Ge in July.

On 28 July 2023 Japan's government decided a further amendment to the Export Trade Control Order under the Foreign Exchange and Foreign Trade Act, adding goods that contribute to strengthening Russia's industrial base to the existing export prohibition list. The additional goods include passenger vehicles over 1,900cc displacement (gasoline, diesel, hybrid, plug-in hybrid and electric), stainless-steel drill pipes used in oil and gas drilling, yachts and recreational/sporting vessels, and construction-mineral products (monumental/building stone, gypsum, anhydrite, clays). The measure was gazetted 2 August 2023 and took effect 9 August 2023, aligning Japan's export-control list with equivalent measures other G7 members had already adopted.

The Wa State Central Economic Planning Commission (the administrative authority of the United Wa State Army's Special Region No. 2, controlling the Man Maw and Mong Yaw tin zones) issued Notice "Wa Jing Zi No. 2023-06" on April 15, 2023, mandating a comprehensive suspension of all mining, excavation, and mineral processing in Wa State until "mature mining conditions" are in place. A follow-up implementation order on May 20, 2023 confirmed all mines and processing plants—regardless of scale—must cease operations by August 1, 2023. Man Maw alone supplied approximately 10% of global tin concentrate, and LME three-month tin prices rose ~9% in the weeks following the April announcement. The suspension remained in force until mid-2025 when a new three-year licensing regime replaced it (see 2025-02-01-myanmar-wa-state-man-maw-tin-restart-licensing).

The Bureau of Industry and Security (BIS) added eleven entities across Burma, China, Nicaragua, and Russia to the Entity List, effective March 28, 2023, under a human rights foreign policy rationale. Three Burmese trading companies and two Russian aviation-parts suppliers were designated for selling, procuring, and servicing military equipment enabling the Burmese military regime's attacks on civilians; five Xinjiang-based electronics manufacturers were added for activities contrary to U.S. foreign policy interests; and the Nicaraguan National Police was designated for serious human rights abuses. The rule simultaneously codified in the EAR that protection of human rights worldwide is an explicit basis for Entity List designations — a precedent-setting regulatory amendment extending the existing national-security and foreign-policy framework.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding 32 persons across 13 countries to the Unverified List (UVL) on the basis that BIS was unable to verify their bona fides through end-use checks. The largest concentration is in China (14 entities), followed by the UAE (5) and Turkey (4), with single entries in Bulgaria, Canada, Germany, Indonesia, Israel, Malaysia, and Singapore. UVL placement suspends EAR license exceptions for shipments to listed parties and requires US exporters to obtain a signed UVL Statement and file Electronic Export Information in the Automated Export System before shipping any item subject to the EAR. Published 24 March 2023 (88 FR 17706, FR Doc 2023-06171); effective 24 March 2023.