Exports to China

The coronavirus outbreak could impact China’s purchase commitments involving U.S. agricultural products under the phase one trade deal, White House national security adviser Robert O’Brien said. The virus could have its biggest impact on the first year of the deal, O’Brien said, which was expected to include $40 billion in U.S. agricultural exports to China (see 2001150073). The virus may also impact what the U.S. Department of Agriculture secretary said would be a “record year” for U.S. agricultural exports (see 2001210031).

North Korea continued to violate United Nations Security Council sanctions in 2019 with the help of China, according to a Feb. 10 Reuters report. North Korea continued improving its missile programs, imported refined petroleum and exported about $370 million worth of coal using Chinese barges, Reuters said, referencing a not-yet-released UN report expected to be issued next month. Most of North Korea’s illegal coal exports were conducted through ship-to-ship transfers from North Korean vessels to Chinese barges, the report said, which delivered the coal directly to ports in China’s Hangzhou Bay and facilities along the Yangtze River.

A Chinese national and former Raytheon engineer was charged with violating the International Traffic in Arms Regulations after he took a company laptop with sensitive military technology data to China, according to an indictment filed Jan. 29. Wei Sun, who worked as an electrical engineer for Raytheon Missile Systems from 2009 to 2019, had access to “advanced and sensitive defense-related technology” on his laptop, the indictment said, and his trip overseas constituted an illegal export of ITAR-controlled defense articles. Sun’s computer contained controlled data covered under Categories 4 (launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs and mines) and 11 (military electronics) of the ITAR, including a “Field Programmable Gate Array,” according to an unsealed complaint.

Experts disagreed on whether the spread of the coronavirus will make it impossible for China to reach its purchase commitments, or make it more likely that China will wish to please the U.S., as its economy suffers. But one thing most agreed on -- the disease's impact is another reminder, after the tariff war, that companies should diversify instead of being wholly reliant on Chinese factories. The experts were on a panel at the Washington International Trade Association conference Feb. 4 on the future of U.S.-China trade.

China took a “few positive steps” to revise the draft of its export control law (see 2001100047) but should address several key areas of concern for U.S. and Chinese companies, the U.S. China Business Council said in comments released this week. The USCBC asked China to clarify the scope of its export controls and the term “national security,” provide a clearer definition for activities that are “deemed exports,” and consider more relaxed requirements for end-user statements and certificates.

As the coronavirus outbreak disrupts supply chains, U.S. agricultural exporters are unsure when normal cargo processing will resume and are concerned about penalties from ocean freight carriers, according to a Feb. 3 open letter to ocean carriers by Agriculture Transportation Coalition Executive Director Peter Friedmann.

Airbus agreed to pay more than $3.9 billion in combined penalties for violations of the Foreign Corrupt Practices Act, the Arms Export Control Act and the International Traffic in Arms Regulations, the Justice Department said Jan. 31. The bribery charges, levied by U.S., French and United Kingdom authorities, stem from Airbus’s scheme to bribe non-governmental airline executives and government officials, including officials in China, to retain aircraft contracts.

Export Compliance Daily is providing readers with some of the top stories for Jan. 21-24 in case you missed them.

There will be more trade uncertainty in 2020 than in 2019 despite a phase one deal with China, trade experts said during a Jan. 22 panel hosted by the Center for Strategic and International Studies. As trade tensions with Europe come to the foreground and as the U.S. potentially negotiates a more comprehensive deal with Japan, one expert said, the administration will not have enough time and resources to start on phase two of the deal with China as it tries to implement the first phase. Another panelist said the U.S. and China will likely come to a “narrow” phase two deal as the election approaches, but that deal will not provide relief for the international trade environment.

Not only are the purchase requirements in the new China trade deal unrealistic, other developments in China's economy and the trading relationship make them even further out of reach, according to an analysis by economist Chad Bown, a senior fellow at the Peterson Institute for International Economics. Bown notes that the rate of growth needed to meet the targets is higher than when China's economy was growing at 10 percent a year, and China's economy is growing more slowly now. Additionally, the tariffs on Chinese goods that remain in place after phase one are a further drag on the economy.