The Commerce Department will officially amend the Export Administration Regulations June 18 to allow U.S. companies to more easily participate in standards setting bodies in which Huawei is a member, the agency said in a notice. Commerce, which previously announced details of the measure (see 2006150062), is seeking comments on the revision, which will allow the release of certain technology to Huawei and its affiliates on the Entity List if that release is in the context of a standards-setting body and not for commercial purposes. Comments are due Aug. 17.
The Commerce Department announced a new rule that it said will help U.S. companies participate in international standard-setting bodies where Huawei is a member. Under the rule, companies will no longer need an export license to disclose technology to Huawei if that disclosure is for the “purpose of standards development in a standards-development body,” Commerce said in a June 15 press release. In addition, companies may only disclose technology to Huawei if that technology would not have required an export license before Huawei’s placement on the agency’s Entity List last year.
Companies operating in Hong Kong and mainland China should be reviewing their portfolios in preparation for increased U.S. export controls, which could impact a wide range of global firms, a Mayer Brown trade lawyer said. Aside from sanctions against Chinese officials for interference in Hong Kong’s autonomy, the U.S. is likely to align export control policies for Hong Kong with its policies toward mainland China, creating a significantly more restrictive trade environment, the lawyer said.
The U.S. is looking to seize a Waltham, Massachusetts, home from two people who allegedly used it to illegally export goods to several countries, including China, the Department of Justice said in a June 11 news release. Anni Beurklian, a naturalized citizen, and her husband, Antoine Ajaka, a Lebanese citizen and legal U.S. resident, used the home as a base for their company, Top Tech US Inc., which allegedly exported electronics and computer equipment illegally, DOJ said. Beurklian and Ajaka fled the U.S. in 2018 during plea negotiations to avoid prosecution, it said.
U.S.-China technology competition and the Trump administration’s restrictions on Huawei have likely dashed the prospects of a phase two trade deal, China experts said. The experts also agreed that the phase one purchase agreements are unlikely to be met, even as the U.S. trade representative continues to tout progress on Chinese purchase commitments (see 2005210036).
Export Compliance Daily is providing readers with some of the top stories for June 1-5 in case you missed them.
China’s Commerce Ministry criticized the U.S.’ recent addition of Chinese companies to the Entity List (see 2006030032) and said it will take “all necessary measures” to defend the rights of its companies, according to an unofficial translation of a June 5 notice. China said the U.S. has “abused” its export control measures, “causing serious damage to the international economic and trade order and a serious threat to the security of the global industrial supply chain.”
An aircraft holding company is suing the Treasury Department after the agency blocked a transaction involving the company and an alleged Specially Designated Global Terrorist, according to court records filed June 2. In the lawsuit, Seychelles-registered Askan Holdings, owned by Romania-based Transylvania International Airlines SRL, argued that no sanctioned party was involved in the transaction and said the Treasury’s Office of Foreign Assets Control failed to identify the blocked party or grant Askan a license. Askan is asking a court to order OFAC to grant the license or to stop blocking the transaction.
The Commerce Department's Bureau of Industry and Security will officially add 33 companies and government agencies to the Entity List on June 5 for their roles in aiding proliferation activities and human rights abuses in China’s Xinjiang province, BIS said in two Federal Register notices. The notices formalize the additions, which were announced in May (see 2005220058).
Export Compliance Daily is providing readers with some of the top stories for May 26-29 in case you missed them.