Companies operating in Hong Kong and mainland China should be reviewing their portfolios in preparation for increased U.S. export controls, which could impact a wide range of global firms, a Mayer Brown trade lawyer said. Aside from sanctions against Chinese officials for interference in Hong Kong’s autonomy, the U.S. is likely to align export control policies for Hong Kong with its policies toward mainland China, creating a significantly more restrictive trade environment, the lawyer said.
President Donald Trump issued an executive order authorizing sanctions and visa restrictions against the International Criminal Court for “harassment” and “abuse” of officials of the U.S. government and its partner governments. The order, issued June 11, authorizes the State Department and the Treasury Department to sanction any person who works with the ICC to investigate, detain, arrest or prosecute any U.S. or partner government’s “personnel” without consent from that person’s national government. The order also authorizes sanctions against people who provide the ICC support, including the provision of goods and services. An ICC spokesperson said the court is aware of the sanctions and is still reviewing the order.
Lawmakers introduced legislation this week to incentivize U.S. semiconductor manufacturing and provide more federal support for research and development. The bill includes refundable investment tax credits, a $10 billion federal match system to match state and local incentives, and the establishment of a new semiconductor program within the Commerce Department.
U.S.-China technology competition and the Trump administration’s restrictions on Huawei have likely dashed the prospects of a phase two trade deal, China experts said. The experts also agreed that the phase one purchase agreements are unlikely to be met, even as the U.S. trade representative continues to tout progress on Chinese purchase commitments (see 2005210036).
The State Department may introduce more measures to help industry mitigate the impacts of the COVID-19 pandemic, including more license extensions or fee reductions, an agency official said. The agency is considering more measures after lowering certain fees and extending licensing deadlines in April (see 2004240017), which was received positively by companies, said Mike Miller, the State Department’s deputy assistant secretary for defense trade.
A U.S. official again argued that the U.S. has the authority to invoke snapback sanctions under the Iran nuclear deal and threatened to impose them unless an international arms embargo against Iran is extended. Brian Hook, the U.S. special representative for Iran, said the U.S. will trigger a United Nations provision to reimpose a host of international sanctions against Iran if the arms embargo, set to expire in October, is not extended. Without the embargo, Iran could import a range of advanced military weapons from China and Russia, Hook said. “One way or another, we're going to accomplish this,” he said, speaking during a June 9 virtual talk hosted by the Heritage Foundation.
The U.S. technology industry is worried that upcoming trade restrictions could damage technological innovation and competitiveness, the Information Technology Industry Council said June 8. The U.S. should avoid imposing overboard restrictions in the name of national security, the group said, warning that export controls and other measures could harm the U.S. industrial base and lead to isolation.
Export Compliance Daily is providing readers with some of the top stories for June 1-5 in case you missed them.
A foreign investment review bill being considered by the United Kingdom will significantly expand the number of transactions subject to reviews and create greater due diligence requirements for U.K. companies, trade lawyers said. As more countries aim to increase their foreign investment screening, particularly the U.S. (see 2005200032), the U.K. is hoping to better protect its industry from trade theft and national security threats, the lawyers said.
The Treasury Department’s Office of Foreign Assets Control on June 5 issued a series of frequently asked questions to clarify a January executive order that expanded U.S. sanctions authority against Iran (see 2001100050). The FAQs clarified that the U.S. will not target Iranian medical manufacturers, defined the sectors of Iran’s economy referenced in the order and specified which goods and services may be targeted. Before this guidance, the agency had done little to define the broad scope of the order, which was causing confusion about the reach of the authorities and the Iranian sectors that would be subject to expanded sanctions (see 2001170034).