The Bureau of Industry and Security added 47 entities and individuals to its Entity List for “acting contrary” to U.S. national security and foreign policy interests. The additions include entities in Canada, China, Hong Kong, Iran, Malaysia, Oman, Pakistan, Thailand, Turkey, the United Arab Emirates and the United Kingdom. Designations were for a range of illegal procurement activities, including sending nuclear-related items and other products to Iran. BIS will also correct four existing entries under China.
China released regulations for its unreliable entity list that will target a “very small number of foreign entities” that violate Chinese laws. The regulations detail procedures for adding companies to the list but do not say when China will announce its first set of additions. “Foreign entities that are honest and law abiding do not need to worry,” China’s Commerce Ministry said Sept. 20, according to an unofficial translation.
The Commerce Department outlined its prohibitions for the parent companies of TikTok and WeChat, saying in notices released Sept. 18 that it will no longer allow transactions between U.S. parties and the Chinese companies or their subsidiaries. The prohibitions detail a range of blocked activities for both ByteDance Ltd. and Tencent Holdings, including bans on providing internet hosting services, content delivery services and transactions with the two companies. Certain prohibitions on the availability of TikTok in the U.S. took effect Sept. 20, and all prohibitions on WeChat are effective as of Sept. 20. Other restrictions on TikTok will take effect Nov. 12.
A lack of understanding of export controls in university settings is delaying or sometimes preventing research, the Association of University Export Control Officers said in a Sept. 17 letter to the Department of Defense. The group said the confusion is particularly a problem surrounding export restrictions on fundamental research: research that is widely published and shared within the scientific community.
Industry should expect the Bureau of Industry and Security's increased activity around export controls to continue, including more additions to the Entity List and the “refinement” of export controls for Hong Kong, said Tim Mooney, a BIS senior export policy analyst.
The Bureau of Industry and Security is preparing industry guidance for its August restrictions on Huawei, including changes to the foreign direct product rule (see 2008170029), Deputy Assistant Secretary of Commerce for Export Administration Matt Borman said. He said BIS will issue a series of frequently asked questions similar to its “fairly extensive” FAQs issued in June for new licensing restrictions for military-related exports (see 2006290045). Borman did not say when they will be released.
The U.S. needs a clearer approach to its export control regime and should coordinate more closely with allies to counter China’s technological rise, Sen. Mark Warner, D-Va., said, adding that the U.S. needs to better communicate to industry about the risks of doing business with China and its government-sponsored human rights abuses.
The Census Bureau issued its advance notice of proposed rulemaking on removing filing requirements for shipments between the U.S. and Puerto Rico and the U.S. Virgin Islands (see 2009150045 and 2006030043). The agency is seeking comments on the impact of no longer requiring Electronic Export Information filings for those shipments, which the Puerto Rican government and other international traders have requested for “many years,” Census said in a notice released Sept. 16. Comments are due Nov. 16.
Export Compliance Daily is providing readers with the top stories for Sept. 8-11 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The 10% tariffs on Canadian non-alloyed unwrought aluminum will be refunded back to Sept. 1, and the tariffs won't return unless Canadian exporters exceed either 70,000 tons or 83,000 tons in that category (see 2009150040), the Office of the U.S. Trade Representative said on Sept. 15. The office said the limits start at 83,000 for the current month, then go to 70,000, then back to 83,000, then back to 70,000 for December. USTR did not say the tariffs would definitely return if Canadian exporters exceed these numbers by at least 5%, and suggested that if Canadian exporters reduced the next month's shipments by the same amount of the overage, that would satisfy USTR.