WorldECR Quotes Kevin Wolf on Expanding Role of BIS on National Security Issues

November 28, 2018

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Alexandra Field

Director of Communications

Jacinta O'Shea-Ramdeholl

Senior Manager, International Communications

WorldECR has quoted Akin Gump international trade partner Kevin Wolf in the article “Scope for BIS to become ‘thought leader’ on US national security issues.” In the article, Wolf discusses the opportunity that exists for the Bureau of Industry and Security (BIS) to become a “public thought leader” on national security issues, including CFIUS, relations with China and the role of technology in society, in light of the new Export Control Reform Act (ECRA), which President signed into law in August.

The article notes that the ECRA is the permanent legislative basis for the Export Control Regulations. It also codifies existing rules on BIS’s oversight of certain exports of sensitive technology. In addition, says Wolf, it “enhances BIS’s enforcement authorities, which are now on par with other enforcement agencies, such as the Department of Homeland Security and the Federal Bureau of Investigation.”

Wolf cited as an example, a violation of ECRA, which includes both the export control and antiboycott provisions. That is now “a predicate offense,” he said, “that can be cited to justify a wiretap.”

Another expansion of BIS’s authority, Wolf explained, focuses on its ability to conduct investigations “outside the United States, consistent with applicable law,” and to use funds to conduct undercover investigations. The act also expands the authority for BIS to issue denial orders when someone is convicted of criminal violations of conspiracy, smuggling or false-statements laws, he added.

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