The Department of Commerce published its spring 2019 regulatory agenda for the Bureau of Industry and Security. The agenda continues to mention an upcoming a long-awaited proposed rulemaking involving parties’ responsibilities under the Export Administration Regulations in a routed export transaction, saying the proposal will be published in May 2019. Sharron Cook, a senior policy export analyst for BIS, said in April the rule change will help solve some of the bigger frustrations with the current regulations faced by export forwarders (see 1904170064). BIS is aiming to issue the proposal in May, it said.
The Commerce Department’s Bureau of Industry and Security is adding five new national security-related technologies to the Export Administration Regulations’ Commerce Control List, according to a notice in the Federal Register. The additions stem from changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies agreed to during the 2018 Plenary meeting, the notice said. The changes add “recently developed or developing technologies” that are “essential” to U.S. national security: “discrete microwave transistors,” “continuity of operation software,” “post-quantum cryptography,” “underwater transducers designed to operate as hydrophones” and “air-launch platforms.” The notice is scheduled for publication and the changes take effect on May 23.
The Commerce Department’s Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to remove Venezuela from Country Group B and add it to Country Groups D:1-4, which “lists countries of national security concern” and adds new licensing requirements while restricting the use of certain license exceptions for exports. The changes take effect May 24.
China recently announced the repeal of labeling submission requirements for pre-packaged food, and added new functionalities to its online customs systems to facilitate value-added tax refunds. It also set new standards for electronically submitted documents, as well as new inspection procedures for auto parts at the Port of Shanghai. The following is an update on recent customs and trade-related actions by China:
An agricultural exporter recently joined a Supreme Court challenge of the constitutionality of Section 232 duties on steel and aluminum imports. Basrai Farms says the brunt of retaliatory tariffs imposed worldwide in response to the U.S. tariffs has fallen on the agriculture industry, and that the Supreme Court should find Section 232 unconstitutional because President Donald Trump was required to consider these broader effects when imposing the tariffs.
The Department of Justice is working on more ways to reward corporate compliance programs and searching for benefits that extend beyond lenient rulings on violations, said Claire McCusker Murray, the DOJ's principal deputy associate attorney general.
Export Compliance Daily is providing readers with some of the top stories for May 13-17 in case they were missed.
The Trump administration's decision to examine emerging technologies as candidates for export controls could cost U.S. businesses tens of billions of dollars and threaten thousands of jobs, the Information Technology and Innovation Foundation said in a new report. If substantial export controls are enacted, the report warns, firms “could lose $14.1 [billion] to $56.3 billion in export sales over five years, with missed export opportunities threatening from 18,000 to 74,000 jobs.”
Canada and Mexico each on May 20 ended their retaliatory tariffs on U.S. goods in response to the end of U.S. Section 232 tariffs on steel and aluminum products from the two countries (see 1905170058). General safeguard duties set by each country remain in place but don’t affect U.S. exports.
The Commerce Department's Bureau of Industry and Security is issuing a general license temporarily allowing certain transactions with Huawei and 68 of its affiliates without new licensing requirements set by their recent addition to the Entity List. The general license is scheduled for publication in the May 22 Federal Register, and will remain in effect from May 20 through Aug. 19.