An Indonesian citizen and three Indonesian companies were charged after violating U.S. export laws and sanctions against Iran, the Justice Department said in a Dec. 17 press release. Sunarko Kuntjoro and three companies -- PT MS Aero Support (PTMS), PT Kandiyasa Energi Utama (PTKEU), and PT Antasena Kreasi (PTAK) -- illegally exported U.S.-origin goods and technology to sanctioned Mahan Air, an Iranian airline, the press release said. The exports violated the International Emergency Economic Powers Act, the Iranian Transactions and Sanctions Regulations, the Export Administration Regulations and the Global Terrorism Sanctions Regulations.
Senate Majority Leader Mitch McConnell, R-Ky., filed cloture Dec. 12 on the FY 2020 National Defense Authorization Act. S. 1790 includes language targeting Huawei and ZTE. McConnell’s cloture motion sets up a likely Senate vote this week. The House approved the measure Wednesday on a 377-48 vote. The House and Senate Armed Services committees released the conference text earlier in the week after months of work to blend the Senate- and House-passed (HR. 2500) measures. The conference version includes a modified text of House-side anti-Huawei language originally sought by Rep. Mike Gallagher, R-Wis., that would modify conditions for the Commerce Department to lift the Bureau of Industry and Security’s addition of Huawei to its entity list. It would require Huawei to prove it “sufficiently resolved or settled” supply chain security issues that led to its inclusion on the BIS entity list. The Commerce Department has since approved Huawei-related export licenses for U.S. companies to have their products included in the Chinese telecom equipment maker's products. The conference NDAA also includes Gallagher’s proposal to direct the president to report to Congress on ZTE's compliance with a 2018 agreement that lifted Commerce's ban on U.S. companies selling telecom software and equipment to ZTE.
BOSTON -- If the Commerce Department follows through on plans to expand the limits of the Export Administration Regulations to further control foreign shipments to Huawei, it will have a “dramatic” impact on international supply chains, said Kevin Wolf, a trade lawyer with Akin Gump and Commerce’s former assistant secretary for export administration. The measures, which Commerce confirmed it was considering earlier this month (see 1912100033), include expanding the Direct Product Rule and broadening the de minimis rule to make more foreign-made goods subject to the EAR.
In the Dec. 11 edition of the Official Journal of the European Union the following trade-related notices were posted:
The government of Canada issued the following trade-related notices as of Dec. 11 (note that some may also be given separate headlines):
The Philippines and South Korea expect to agree to a trade deal by mid-2020 as the two sides have made “significant progress” on trade in goods, according to a Dec. 11 report from the Hong Kong Trade Development Council. The two sides are close on a deal regarding the Philippines' export of bananas, garments and auto parts and South Korea’s export of pharmaceuticals, petrochemicals and auto parts, the report said. Agreements have also been reached on rules of origin, and the two sides are “confident” the deal will be completed soon, HKTDC said.
The World Customs Organization issued the following releases on commercial trade and related matters:
In the Dec. 10 edition of the Official Journal of the European Union the following trade-related notices were posted:
Even though the Democrats won some changes to the new NAFTA that are seen as contrary to business interests -- primarily, removing extended patent protection for pharmaceuticals in Canada and Mexico -- business groups celebrated House Speaker Nancy Pelosi's decision to hold a vote on the trade pact. A vote in the House is expected next week, but a Senate vote won't come until next year.
The Commerce Department Bureau of Industry and Security's upcoming set of proposed rules on emerging technologies may not be published until early next year, another sign of the delay that has plagued the rules since Commerce first announced them more than a year ago. Commerce has three emerging technology rule proposals in “various stages of clearance,” Hillary Hess, director of the BIS Regulatory Policy Division, said during a Dec. 10 Regulations and Procedures Technical Advisory Committee meeting. The agency hopes to publish one proposal before the end of the year, Hess said, but urged committee members to take any prediction with “at least a handful of salt.”