The Commerce Department Bureau of Industry and Security made three technical corrections to its November notice that added 22 entities to its Entity List (see 1911120025). The corrections add dates and change the wording of entries for Pakistan and the United Arab Emirates.
Huawei is urging suppliers to move operations offshore to avoid U.S. sanctions and export controls, which would violate U.S. law, according to a Dec. 3 Reuters report. The Chinese technology giant has been “openly advocating” for companies to escape the jurisdiction of U.S. controls so sales can continue, Commerce Secretary Wilbur Ross told Reuters. “Anybody who does move the product out specifically to avoid the sanction ... that’s a violation of U.S. law,” Ross said. “So here you have Huawei encouraging American suppliers to violate the law.”
The Department of Commerce published its fall 2019 regulatory agenda for the Bureau of Industry and Security. The agenda includes a new mention of its intent to potentially control certain additive manufacturing equipment, or 3D printing, used in “energetic materials” as part of BIS’s effort to restrict sales of emerging technologies (see 1911210051). The notice of proposed rulemaking aims to gather feedback from industries while “discussions are ongoing” at the Wassenaar Arrangement. BIS said it aims to issue the proposed rule in November.
A bipartisan group of senators asked the Commerce Department to reverse its decision to approve Huawei-related export licenses (see 1911200041), saying the move poses significant national security risks. The senators, led by Sens. Chuck Schumer, D-N.Y., and Tom Cotton, R-Ark., said in a Nov. 21 letter to President Donald Trump that they are “concerned that the approval of additional, more permanent licenses will allow Huawei to fully resume its engagement with certain U.S. firms without an adequate assessment of the risks to national security.”
Export Compliance Daily is providing readers with some of the top stories for Nov. 12-15 in case they were missed.
The Commerce Department’s decision to renew the temporary general license for Huawei “won't have a substantial impact on Huawei's business either way,” the company said in a Nov. 19 statement. Huawei said the 90-day reprieve (see 1911180036), which authorizes a narrow set of transactions with the U.S. despite Huawei’s placement on the Entity List, “does not change the fact that Huawei continues to be treated unfairly.”
Commerce Secretary Wilbur Ross named Cordell Hull deputy undersecretary for industry and security and Joe Semsar the deputy undersecretary at the International Trade Administration, a Commerce spokesperson said Nov. 18. The two were appointed to their positions Nov. 12, the spokesperson said.
Days before the Commerce Department's temporary general license for Huawei is set to expire, the agency and Secretary Wilbur Ross declined to say whether they will extend the license, but said it has been beneficial for U.S. rural communities. Ross suggested that Commerce would like to keep it going.
The Commerce Department renewed the temporary general license for Huawei and 114 of its non-U.S. affiliates until Feb. 16. The renewal is effective immediately and is the license’s second extension since it was issued in May. The license authorizes certain specific activities and transactions, including those related to existing network operations of mobile services, despite Huawei's addition to the Entity List.
The U.S. should expand export controls against China and study the country’s efforts to dominate emerging technology sectors, the U.S.-China Economic and Security Review Commission said. In its 2019 annual report, the USCC painted a somewhat grim picture for the prospects of U.S technology competition with China, saying China is committed to maintaining a dominant economic role in trade negotiations and is focused on outpacing the U.S. in the artificial intelligence sector -- a key area of concern for upcoming U.S. export control regimes. To combat this, the commission made several recommendations to Congress to safeguard U.S. technologies, improve foreign market access for U.S. exporters and pre-empt Chinese attempts to undercut U.S. companies and sanctions.