Foreign manufacturers need to be aware that their products may be covered by the Commerce Department's Bureau of Industry and Security's listing of telecommunications equipment manufacturer Huawei on the Entity List, even if they aren't manufactured in the U.S., according to an alert by law firm Sheppard Mullin. U.S. export controls on Huawei and its affiliates may apply to a substantial scope of foreign goods that contain more than 25 percent U.S.-origin content. Under the BIS de minimis rule, products are subject to the Export Administration Regulations -- and consequently new license requirements for Huawei -- if more than one-fourth of the product is composed of U.S.-origin content that is also controlled under the EAR, except for “EAR99 items” or products that do not require a license, the alert said.
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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.
The 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 authorizes exports, re-exports and in-country transfers under pre-listing conditions if they are related to the continued operation of existing networks and equipment; support for existing Huawei handsets; cybersecurity research and vulnerability disclosure; or engagement necessary for the development of 5G standards by a recognized standards body. The general license is scheduled for publication in the May 22 Federal Register, and will remain in effect from May 20 through Aug. 19.
After the Trump administration issued an executive order and announced export controls that targeted Chinese technology firm Huawei, China hinted at retaliation, saying it will take “necessary measures to safeguard” its companies. During May 16 press conferences, China’s Ministry of Commerce and Ministry of Foreign Affairs denounced the U.S.’s decision to add Huawei Technologies to the Commerce Department’s Entity List and criticized the executive order President Donald Trump signed on May 15.
The Commerce Department on May 16 added Huawei Technologies to the Bureau of Industry and Security’s Entity List, eliciting strong reaction from Huawei and China over the move that may have substantial effects on U.S. exporters. In a notice in the Federal Register, BIS said it is imposing license requirements on Huawei and its 68 non-U.S. affiliates for all items subject to the Export Administration Regulations with a license review policy of presumption of denial. The Federal Register notice is scheduled for May 21 publication, but the changes take effect May 16. All shipments aboard carriers as of May 16 may proceed to their destinations under previous license conditions.
The Bureau of Industry and Security issued its notice adding Huawei and 68 of the Chinese telecommunications equipment manufacturer’s affiliates to the Entity List. Effective May 16, the notice imposes a license requirement on Huawei and its listed affiliates for all items subject to the Export Administration Regulations, with a license review policy of presumption of denial. No license exceptions will be allowed for the listed entities. Shipments aboard a carrier to the port of export or re-export as of May 16 may proceed to their destination under their previous eligibility for a license exception or no license required. The notice is scheduled for publication May 21.
The Commerce Department's Bureau of Industry and Security added 12 foreign entities or persons to BIS’s Entity List, according to a May 13 notice, including several entities in China. BIS said the additions include four entities with locations in China and Hong Kong, along with two other entities in China and one Pakistani entity and five entities or individuals in the United Arab Emirates. Each is now subject to specific license requirements “for the export, reexport, and/or in-country transfer of controlled items,” BIS said. The 12 "have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests," the agency said in a separate notice.
Applied Materials ordered staff to suddenly stop doing business with customer Xiamen Sanan Optoelectronics, a day after the Chinese LED chip maker appeared on a U.S. government “unverified list” of foreign entities (see 1904100017), according to a Nikkei Asian Review report. California-based Applied supplies semiconductor production equipment and large-area deposition systems for LCD and OLED display manufacturing. Xiamen Sanan describes itself as China’s “largest LED epitaxial wafer and chip manufacturer, endeavoring to become top 1 in the global LED industry.” Applied didn't comment. Efforts to reach Xiamen Sanan, whose shares are listed on the Shanghai stock exchange, were unsuccessful.
Export Compliance Daily is providing readers with some of the top stories for April 8-12 in case they were missed.