Eighty agricultural trade groups are asking the Trump administration to push through a proposed Federal Maritime Commission rule that would provide guidance about how the FMC assesses the fairness of demurrage and detention practices. The rule would help mitigate the “ongoing unconscionable imposition of millions of dollars” of detention penalties being faced by agricultural exporters, whose shipments are being delayed by the COVID-19 pandemic, the groups said in an April 3 letter. The groups -- which include dairy, meat, grain, vegetable and fruit trade associations -- urged White House Economic Council Director Larry Kudlow and U.S. Department of Agriculture Secretary Sonny Perdue “to work with the FMC to expeditiously adopt the Interpretive Rule as published.”
The Directorate of Defense Trade Controls revised two frequently asked questions regarding U.S. persons abroad who request authorizations for exporting controlled defense services (see 2002200028), the agency said April 6. The first FAQ applies to situations in which a person’s employment for a foreign company qualifies as a defense services export, and the second FAQ addresses whether U.S. exporters will be granted a “safe harbor” period if they request authorization for exports of defense services they are performing without a license.
The U.S. Department of Agriculture postponed its June 8-11 trade mission to Spain and Portugal due to the COVID-19 pandemic, the agency said in an April 6 email to industry. The USDA did not provide a new date for the mission. The USDA had planned seven export trade missions this year (see 1912060027).
President Donald Trump’s decision to invoke the Defense Production Act for supplies of ventilators and N95 face masks (see 2004030063) will not disrupt U.S. exports that are “consistent” with U.S. national interest, the White House said in an April 3 statement. “Nothing in this order will interfere with the ability of [personal protective equipment] manufacturers to export when doing so is consistent with United States policy and in the national interest of the United States,” the White House said. The order is meant to target price gougers “with the ability to unscrupulously divert PPE inventories from domestic customers,” the statement said. “Today’s order is another step in our ongoing fight to prevent hoarding, price gouging, and profiteering by preventing the harmful export of critically needed PPE.”
The Commerce Department is seeking comments on an information collection related to the five-year record retention requirement for export transactions and boycott actions, the agency said in a notice. The retention requirement applies to all parties involved in the export, re-export, transshipment or diversion of items subject to the Export Administration Regulations and involved in a reportable boycott request. Comments are due June 5.
The Directorate of Defense Trade Controls updated its Defense Export Control and Compliance licensing system (see 2002190025) to reflect changes made by the recent transfer of gun export controls from the State Department to the Commerce Department (see 2001170030), according to an April 3 notice. The change “only applies to new license submissions,” the DDTC said.
The Directorate of Defense Trade Controls issued four new frequently asked questions regarding the use of technical data following the expiration of technical assistance agreements and manufacturing license agreements, according to an April 3 notice. The first FAQ clarifies that defense items manufactured during the life of a TAA or MLA may be transferred among the “same foreign signatories and sub-licensees” for the same end-users and end-uses previously authorized under the TAA or MLA. The second FAQ addresses the U.S. agreement holders’ intellectual property rights, and the third FAQ clarifies that foreign parties may continue to use and exchange technical data previously authorized even after the expiration of a TAA if the data is used for the same authorized end-use. The fourth FAQ says defense items produced or manufactured during the life of a TAA or MLA using technical data or defense services received through the agreement may not be transferred to a foreign person who was not a party to the agreement, after the agreement's expiration, without further authorization.
The State Department and the Commerce Department issued notices clarifying that they are abiding by a March court order that blocked the transfer of 3D printing software from the U.S. Munitions List to the Commerce Control List (see 2003090029). Exporters of the software “must continue to treat such technical data and software as subject to control on the USML,” State said. Commerce stressed that all 3D printing-related license requests should be directed to the State Department.
The State Department approved a potential $194 million military sale to South Korea, the Defense Security Cooperation Agency said March 30. The sale includes upgrades for aircrafts and their communication links, radios, transponders and more. The prime contractor is Lockheed Martin.
The U.S. Department of Agriculture Foreign Agricultural Service issued a March 31 report detailing changes to the procedures for exporting U.S. beef to China. The report can serve as a “general guide” for U.S. beef exporters navigating the new regulations, the agency said. The changes, which came as part of the phase one trade agreement (see 2003240041), include an expanded scope of beef products that are eligible for export, the removal of certain age limits for cattle, new maximum residue limit standards and an updated procedure for transmitting export documents, USDA said. In addition, almost all U.S. “beef muscle cuts” are included in China’s most recent tariff exclusions process (see 2002180039), USDA said.