Export controls and trade restrictions are becoming an increasing part of U.S.-China competition despite little clarity about whether they will work in the long term, trade experts said. The measures also seem to lack a clear focus within both the U.S. government and China, with officials disagreeing on how best to impose restrictions, the experts said.

The Directorate of Defense Trade Controls announced a series of compliance, licensing and management measures to mitigate the impact of the COVID-19 pandemic response measures on industry, the DDTC said in an April 23 notice. The measures include temporary suspensions on certain registration renewal requirements, temporary reductions of certain registration fees and measures to allow companies to work remotely.

The Commerce Department’s unclear rollout of an export control on geospatial imagery software is causing industry confusion and could lead to broad, unintended impacts on exports of certain artificial intelligence, industry representatives said in interviews. If unchanged, the rule could severely impact a range of companies in the geospatial field, they said, creating the type of broad consequences Commerce officials hoped to avoid (see 1911070014).

The Treasury's Office of Foreign Assets Control has been quickly addressing humanitarian licensing issues from industry but could be doing more to encourage the flow of aid to Iran, a former OFAC official and a sanctions lawyer said. OFAC has been rightly criticized for not doing enough to eliminate industry fears of sanctions, said Brian O’Toole, a former senior adviser to the OFAC director, adding that the government should rethink restrictions surrounding humanitarian trade. And although OFAC issued a guidance (see 2004160039) encouraging banks to process humanitarian-related transactions involving Iran, banks continue to seek more assurances, lawyer Kerry Contini said.

Export Compliance Daily is providing readers with some of the top stories for April 13-17 in case you missed them.

The Federal Emergency Management Agency plans to issue export control decisions for most shipments of controlled medical equipment within two days, but some shipments may take as long as four days, a FEMA spokesperson said April 21. Some law firms have advised medical equipment exporters to expect delays at ports across the country as FEMA makes those determinations, which involves a review of “letters of attestation” from exporters, who must certify that they qualify for one of several exemptions FEMA issued this week (see 2004200019).

The Federal Emergency Management Agency set 10 exemptions for exports of personal protective equipment (see 2004080018) and formally announced exceptions for shipments to Canada, Mexico and U.S territories, in a notice filed April 17. FEMA also announced exemptions for certain shipments containing controlled PPE, shipments traveling through the U.S. involving a foreign shipper and consignee, exports to military bases and more. The new exemptions were announced less than two weeks after a leaked CBP memo detailed some of the measures (see 2004160050).

Governments should suspend certain licensing requirements, expedite customs clearances and provide relief from customs penalties during the COVID-19 pandemic, the World Customs Organization's Private Sector Consultative Group said in comments released April 16. Such measures should be adopted by countries across the globe to provide relief for the struggling trade community and to help trade continue to flow, the PSCG said.

Despite calls from industry and lawmakers, the Treasury Department does not plan to introduce new authorizations for humanitarian exports to Iran, said Andrea Gacki, director of the Office of Foreign Assets Control. Gacki said OFAC’s current general licenses are sufficient, adding that the agency has not received many license applications to export medical goods that are not already covered by an existing exemption.

CBP and the Federal Emergency Management Agency are expected to issue formal guidance in coming days on the recently announced export ban on personal protective equipment, a CBP official said during an April 16 conference call. “It's undergoing final U.S. government review before publication,” he said. “There's still discussions being held at the highest levels in terms of some of the points. We're hoping we can get this resolved today.” A recent internal CBP memo about the ban has created confusion around the issue (see 2004150051).