China and U.S. agreed to lift tariffs in stages as they progress in trade talks, China’s Ministry of Commerce said during a Nov. 7 press conference. “If the two parties reach the first phase agreement, they should cancel the tariffs that have been imposed according to the content of the agreement,” a Ministry of Commerce spokesperson said, according to an unofficial translation. “The trade war starts with the addition of tariffs and should also be terminated by the elimination of tariffs.” The Office of the U.S. Trade Representative did not comment.
A Florida-based aviation investment management company was fined about $210,000 after it committed 12 violations of U.S. sanctions against Sudan, Treasury’s Office of Foreign Assets Control said in a Nov. 7 notice. The company, Apollo Aviation Group, which has since been bought by The Carlyle Group and is now Carlyle Aviation Partners, committed the violations in transactions involving the lease of three aircraft engines, the notice said. Apollo allegedly leased the engines to a United Arab Emirates company, which subleased the engines to a Ukrainian airline, which installed the engines on an aircraft wet leased to Sudan Airways.
Companies and trade groups are concerned about the consequences of the Commerce Department’s efforts to restrict sales of emerging technologies and are growing impatient with a delay that has stretched several months, stakeholders said in interviews. Nearly a year after Commerce issued advance notice that they planned to review the technologies, some companies are confused about the delay and fear the controls won’t be fully coordinated with U.S. allies, causing their customers to simply seek foreign sellers.
The State Department plans to publish its guidance for exports of surveillance technology by early January and will make several changes based on industry comments, officials said. Changes include the elimination of a “kill switch” suggestion and an effort to revise the definition for “surveillance,” which some companies complained was too broad.
The Treasury’s Office of Foreign Assets Control amended and issued Venezuela-related general licenses and revoked two Turkey general licenses, according to a Nov. 5 notice. OFAC also published new and amended frequently asked questions to explain the Venezuela-related licenses.
The Commerce Department’s advance notice of proposed rulemaking (ANPRM) on foundational technologies will ask for public comments on the relationship between foundational and emerging technologies, a concept that is challenging Commerce, according to Commerce’s deputy assistant secretary for export administration Matt Borman. The proposal, which is expected to be released this fall, is proving more challenging than the proposed ANPRM on emerging technologies the agency released last year, Borman said. The foundational notice will ask industries whether emerging and foundational technologies are really “two distinct things,” Borman said, or whether one depends on the other, such as whether foundational technologies are used to create emerging technologies.
The Commerce Department will issue Huawei-related export licenses “very shortly,” Secretary Wilbur Ross said, adding that the agency has received more than 260 applications. “Those will be forthcoming very shortly,” Ross told Bloomberg on Nov. 3, declining to give a more specific time frame. Ross said in July that Commerce planned to release the licenses “within the next few weeks” (see 1907240030).
Notable international barriers to U.S. exports include Chinese food restrictions and inconsistent standardization laws, Brazil’s strict telecommunications requirements, Thailand’s discriminatory customs procedures and Europe’s value-added tax system, trade groups said in comments to the Office of the U.S. Trade Representative. The comments, due Oct. 31, were in response to USTR’s request for input for its upcoming National Trade Estimate Report on Foreign Trade Barriers.
A former top Commerce and trade official said the U.S.’s recent efforts to reform export controls and foreign investment screening are some of the most consequential developments the trade industry has seen in years. “The passage of [the Export Control Reform Act] and [the Foreign Investment Risk Review Modernization Act] together represents one of the biggest changes in trade compliance probably in at least a generation,” said Chris Padilla, former undersecretary for international trade and former assistant U.S. trade representative.
Chile will no longer host APEC meeting, raising questions about the status of phase one of the U.S.-China trade agreement, which was expected to be signed during the November summit of the Asia-Pacific Economic Cooperation forum. The country will not be hosting the trade summit due to recent violent protests and social unrest, Chile's President Sebastian Pinera announced Oct. 30, according to Reuters. The summit was expected to feature a meeting between President Donald Trump and Chinese President Xi Jinping after Trump said the two sides were “ahead of schedule” on the agreement’s first phase (see 1910280026). China said the deal’s first phase was “basically completed.”