Shih

BACKGROUND

I. The Regulatory Scheme

The International Emergency Economic Powers Act (“IEEPA”) authorizes the President to issue Export Administration Regulations (the “Regulations”) requiring that a license be obtained for the export of certain items. See 50 U.S.C. § 1704. A violation of the Regulations is also a violation of the IEEPA. 50 U.S.C. § 1705(a), (c). Items requiring a license under the Regulations are assigned an Export Control Classification Number (“ECCN”) by the Bureau of Industry and Security (“BIS”) on a Commerce Control List (“CCL”). See 15 C.F.R. Part 774, Supp. 1 (2024). The CCL provides “reasons for control” for each ECCN, including proliferation of chemical and biological weapons, nuclear nonproliferation, national security, missile technology, regional stability, crime control and detection, and anti-terrorism. See 15 C.F.R. §§ 742.2-742.9. If an item covered by an ECCN has a reason for control that is also checked for a country on BIS’s Country Chart, a license is

USA V. SHIH

needed to export that item to that country. See 15 C.F.R. § 738, Supp. 1 (2024).

II. Shih’s Export of the MMICs

Shih, an electrical engineering professor…