The Department of State published its spring 2019 regulatory agenda. The agenda includes a new mention of a proposal to amend the International Traffic in Arms Regulations to include definitions for "activities that are not exports, re-exports, or retransfers." The activities include "launching items into space; providing technical data to U.S. persons within the United States or within a single country abroad; and moving a defense article between the states, possessions, and territories of" the U.S., State said. The proposal also "removes from ITAR licensing requirements the electronic transmission and storage of unclassified technical data via foreign communications infrastructure when the data is secured sufficiently to prevent access by foreign persons." Under the proposal, State would also amend the ITAR to create definitions for “access information” and revise definitions of release to include “the improper provision of access information to foreign persons.” State is aiming to issue the proposal in September, it said.
The agenda also includes a rule that would revise Categories I, II and III of the U.S. Munitions List to include items that gives the U.S. a “critical military or intelligence advantage or otherwise warrant control at the highest level.” The rule states that exports of “commercially available firearms and ammunition,” removed from Category I and III, will continue to be controlled under the Bureau of Industry and Security’s Commerce Control List. State said the transition from the Munitions List to the CCL “will result in a net reduction in regulatory burden for the affected manufacturing and export community.” State aims to issue the rule in May 2019, it said.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The House Foreign Affairs Committee advanced three bipartisan measures calling for sanctions against countries it said are involved in corruption, human rights abuses and trade that harms U.S. national security. The measures, advanced on May 22, called for sanctions on countries in the Northern Triangle, Georgia and Turkey.
The Department of Commerce published its spring 2019 regulatory agenda for the Bureau of Industry and Security. The agenda continues to mention an upcoming a long-awaited proposed rulemaking involving parties’ responsibilities under the Export Administration Regulations in a routed export transaction, saying the proposal will be published in May 2019. Sharron Cook, a senior policy export analyst for BIS, said in April the rule change will help solve some of the bigger frustrations with the current regulations faced by export forwarders (see 1904170064). BIS is aiming to issue the proposal in May, it said.
The Trump administration's decision to examine emerging technologies as candidates for export controls could cost U.S. businesses tens of billions of dollars and threaten thousands of jobs, the Information Technology and Innovation Foundation said in a new report. If substantial export controls are enacted, the report warns, firms “could lose $14.1 [billion] to $56.3 billion in export sales over five years, with missed export opportunities threatening from 18,000 to 74,000 jobs.”
The Commerce Department's Bureau of Industry and Security is issuing a general license temporarily allowing certain transactions with Huawei and 68 of its affiliates without new licensing requirements set by their recent addition to the Entity List. The general license is scheduled for publication in the May 22 Federal Register, and will remain in effect from May 20 through Aug. 19.
After the Trump administration issued an executive order and announced export controls that targeted Chinese technology firm Huawei, China hinted at retaliation, saying it will take “necessary measures to safeguard” its companies. During May 16 press conferences, China’s Ministry of Commerce and Ministry of Foreign Affairs denounced the U.S.’s decision to add Huawei Technologies to the Commerce Department’s Entity List and criticized the executive order President Donald Trump signed on May 15.
The Commerce Department on May 16 added Huawei Technologies to the Bureau of Industry and Security’s Entity List, eliciting strong reaction from Huawei and China over the move that may have substantial effects on U.S. exporters. In a notice in the Federal Register, BIS said it is imposing license requirements on Huawei and its 68 non-U.S. affiliates for all items subject to the Export Administration Regulations with a license review policy of presumption of denial. The Federal Register notice is scheduled for May 21 publication, but the changes take effect May 16. All shipments aboard carriers as of May 16 may proceed to their destinations under previous license conditions.
China’s recently issued exclusion process for duties on more than 5,000 tariff lines of U.S. products (see 1905130043) shows it is prepared for a “long-term fight” and may be getting ready to “hunker down” in the trade war with the U.S., said Pete Mento, vice president for Crane Worldwide Logistics.
The Commerce Department's Bureau of Industry and Security added 12 foreign entities or persons to BIS’s Entity List, according to a May 13 notice, including several entities in China. BIS said the additions include four entities with locations in China and Hong Kong, along with two other entities in China and one Pakistani entity and five entities or individuals in the United Arab Emirates. Each is now subject to specific license requirements “for the export, reexport, and/or in-country transfer of controlled items,” BIS said. The 12 "have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests," the agency said in a separate notice.
There seems to be a growing interest in ways to evade U.S. sanctions and export controls, several experts said while speaking at a House Foreign Affairs subcommittee hearing on May 9. One panelist specifically pointed to China, which he said he expects to begin smuggling oil from Iran to avoid U.S. sanctions.