President Donald Trump signed the fiscal year 2020 National Defense Authorization Act, S. 1790 into law, with provisions targeting tech companies Huawei and ZTE (see 1912130027), the White House announced on Dec. 20. The law bars the Trump administration from lifting the Commerce Department Bureau of Industry and Security's addition of Chinese telecom equipment manufacturer Huawei to its export entity blacklist without congressional approval. The law also requires reports to Congress on waivers issued to companies doing business with Huawei as well as ZTE's compliance with a 2018 agreement that lifted Commerce's ban on U.S. companies selling telecom software and equipment to ZTE.
Export Compliance Daily is providing readers with some of the top stories for Dec. 16-20 in case you missed them.
The European Union plans to finish rolling out its electronic licensing regime for dual-use exports by 2021, said Gabriela Stoica, a lead analyst of digital trade policy at the European Commission. The regime is being tested by four member states -- Latvia, Italy, Romania and Greece -- and the commission plans to add Belgium as a pilot tester soon, Stoica said. In the program’s next step, the commission plans to launch an e-licensing platform for steel and aluminum imports under the EU’s prior surveillance licensing regime. Stoica said those e-licenses will be “fully live with all member states” by Dec. 31.
China will implement lowered temporary import tariffs on more than 850 products in 2020, including frozen pork, avocado, orange juice and certain types of semiconductors, China’s Ministry of Finance said in a Dec. 23 notice, according to an unofficial translation. The tariffs, which will take effect Jan. 1, 2020, are lower than the most-favored-nation rates and will be used to import “consumer goods” that are “relatively scarce,” in China, the ministry said in a statement.
The State Department published an interim final rule that will revise the International Traffic in Arms Regulations to provide definitions for activities that are not exports, re-exports, retransfers or temporary imports, the agency said in a notice in the Federal Register. The activities include launching items into space, providing technical data to U.S. people within the U.S. or “within a single country abroad,” and moving defense items within the U.S.
U.S. companies and exporters have not told the Trump administration that sanctions on Venezuela are hurting their business, according to Elliott Abrams, the State Department’s special representative for Venezuela. As the U.S. continues one of its most active sanctions regimes (see 1911190028) against a country it says is marred by corruption and human rights abuses, companies are becoming more understanding of U.S. foreign policy goals, Abrams said.
The U.S.-Mexico-Canada Agreement passed in the House of Representatives with a vote of 385-41, with all but two Republicans and 193 Democrats voting yes. This was the biggest vote for a free trade deal in the House since the Canada Free Trade agreement in 1988, and many of the top Democrats in the House say it will serve as a template for future trade deals. It was a far more resounding “yes” than the original NAFTA vote of 234-200, when just 102 Democrats voted yes.
The U.S. sanctions bill against Russia’s Nord Stream 2 pipeline may not have the chilling effect that lawmakers expect, trade experts said. The U.S. should introduce export controls to bolster the sanctions, the experts said, but those restrictions may be too late because the Russia-Germany pipeline is nearing completion. The bill also may disproportionately sanction German businesses involved in the project instead of the real target, they said, which is Russia.
The power of U.S. sanctions has been “severely weakened” by the Trump administration's failure to follow through on lifting designations and is hampered by a lack of transparency, according to a Dec. 16 report from the Center for a New American Security. The administration can take several steps to maximize the effectiveness of its sanctions regimes, the report said, which will also indirectly “limit the unintentional escalation of international competition.”
The U.S. pork industry expects phase one of the U.S.-China trade deal to be a boon to pork exporters, although the industry has not been told exactly how much they will benefit, the National Pork Producers Council said. “The administration hasn't been sharing the details,” Nick Giordano, the NPPC’s vice president of global government affairs, said during a Dec. 18 call with reporters. “But our understanding is that it’s going to be very good for us.”