POLITICO Quotes Kevin Wolf on FIRRMA, Export Controls
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For its article “Time to test new investment, export restrictions,” POLITICO quoted Akin Gump international trade partner Kevin Wolf on possible applications of the new Foreign Investment Risk Review Modernization Act (FIRRMA).
The article notes the possibility that the Trump administration could use the new law to cite national security in controlling exports of goods or technology not on the basis of potential military use, but on economic or competitive grounds.
Wolf, for seven years a former Assistant Secretary of Commerce for Export Administration in the Bureau of Industry and Security (BIS) at the Department of Commerce, said of this, “They could cite toothbrush technology. It’s always up to the administration to determine or decide what national security is.”
That said, Wolf noted that the law includes provisions that would subject decisions to impose stricter controls to a variety of tests, including a public comment process, interagency agreement and determinations of existing foreign availability of a technology.
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