The Commerce Department on July 8 issued a guidance on the transfer of gun export controls from the State Department (see 2001170030). The 62-page guidance, which includes more than 100 frequently asked questions, outlines Commerce’s approach to the controls, including licensing exceptions, arms reporting, export clearance requirements, recordkeeping and enforcement. The guidance also defines several “key terms” for exports that it now controls, such as the difference between additive manufacturing and 3D printing.
With the USMCA in effect, U.S. and Mexican companies will closely monitor a July 8 meeting between President Donald Trump and Mexican President Andres Manuel Lopez Obrador, which is expected to feature talks on USMCA implementation and trade cooperation, experts said. Industry hopes the meeting -- Lopez Obrador’s first visit with Trump -- helps to strengthen the two countries’ commitment to USMCA and underscores attempts to reshore supply chains, reducing dependency on trade with China, the experts said.
The United Kingdom on July 6 set its first sanctions under its new human rights sanctions regime, designating 49 people and organizations because of human rights violations. The sanctions, which have been hinted at by officials for months and were expected this summer (see 2007020014 and 2001100046), marked the first time the U.K. has issued its own designations for human rights abuses, with additional sanctions expected in the coming months, the Foreign and Commonwealth Office said July 6. The U.K. also issued a sanctions guidance for industry and an outline of available licenses, and said European Union sanctions will continue to apply in the U.K. until it leaves the EU on Dec. 31.
The Senate unanimously passed a bill July 2 that authorizes sanctions against Chinese officials and foreign banks associated with passing Hong Kong’s so-called national security law. The bill passed in the House July 1 without opposition and will now be sent to the White House to be signed by President Donald Trump. The Senate passed a similar bill last month (see 2006250043) but adopted the House version after technical changes were made.
Industry should expect the Bureau of Industry and Security to dedicate significant resources to enforcing its new export restrictions on shipments to military end-users and end-uses, export control experts said. Although the rule (see 2004270027), which took effect June 29, increased license restrictions for shipments to China, Russia and Venezuela, companies should expect increased enforcement and monitoring specifically for exports to China as the Trump administration hardens its stance on countering China’s civil-military fusion efforts, the experts said.
The Trump administration is considering more measures to punish Beijing for interference in Hong Kong, including sanctions outlined in the Hong Kong Autonomy Act, Secretary of State Mike Pompeo said. While Pompeo declined to say how far the administration would go to sanction China, he said President Donald Trump wants to ensure Hong Kong is “treated just like mainland China.”
The Trump administration issued an advisory for companies doing business with China’s Xinjiang region, which could expose companies to sanctions, export controls and forced labor risks. In a 19-page guidance issued July 1, the departments of State, Commerce, the Treasury and Homeland Security describe supply chain risks and possible sanctions exposure for companies trading with the region, and includes suggested due diligence practices. The guidance comes less than a month after President Donald Trump authorized sanctions against Chinese officials for human rights violations against the country’s Uighur population in the Xinjiang region (see 2006170064).
Mexican companies may struggle to comply with U.S.-Mexico-Canada Agreement provisions due to uncertainty caused by the COVID-19 pandemic and confusion about certificate of origin provisions, two former Mexican government officials said. Some Mexican businesses may opt to forgo the preferential treatment under USMCA, which takes effect July 1, and instead pay most favored nation rates on imports until they better understand the agreement’s provisions, the former officials said.
The Bureau of Industry and Security clarified the agency’s suspension of license exceptions for exports to Hong Kong, saying it will no longer allow exceptions for items subject to the Export Administration Regulations “that provide differential treatment than those available” to China. In a guidance issued after its June 29 suspension announcement (see 2006290063), BIS said U.S. exporters cannot use license exceptions for any shipments to Hong Kong “except for transactions that would otherwise be eligible for a license exception” for mainland China.
The Bureau of Industry and Security stressed the importance of increased due diligence measures in a guidance (see 2004280052) on its new export licensing restrictions for military-related exports, saying industry must be careful to avoid shipping goods to entities with any nexus to the Chinese military. The newly issued guidance touches on due diligence best practices and addresses shipments to distributors and universities but does little to address the “unmanageable” compliance burdens industry said the rule will cause (see 2006150031, 2006180035 and 2005050035). BIS also did not grant a request by at least 20 industry groups to delay the rule’s effective date (see 2006150031). The rule took effect June 29.