China announced sanctions on five U.S. non-government organizations and said U.S. military ships and aircraft will not be allowed to visit Hong Kong, a Chinese Foreign Ministry spokesperson said Dec. 2. The sanctions were in response to the U.S. passage of the Hong Kong Human Rights and Democracy Act, which President Donald Trump signed into law last week (see 1911290012). The sanctioned organizations include the National Endowment for Democracy, the National Democratic Institute for International Affairs, the International Republican Institute, Human Rights Watch and Freedom House.
Exports to China
President Donald Trump signed bills that could remove Hong Kong from receiving special customs and export controls treatment and restrict exports of rubber bullets, tear gas and other items to the region. The bills (see 1911200036), signed Nov. 27, led to backlash from China, which said the country is prepared to retaliate. “We urge the U.S. to not continue going down the wrong path, or China will take countermeasures, and the U.S. must bear all consequences,” a Chinese Foreign Ministry spokesperson said Nov. 28.
When asked on "Fox & Friends" Nov. 22 whether he intends to sign or veto two bills on Hong Kong (see 1911200036), President Donald Trump didn't directly answer, instead saying, “We have to stand with Hong Kong, but I’m also standing with President Xi [Jinping], he’s a friend of mine. He’s an incredible guy, but we have to stand … I’d like to see them work it out, OK?"
If President Donald Trump signs the bill that passed the Senate unanimously Nov. 19 and passed the House 417-1 on Nov. 20, the secretary of state will have to certify within 180 days whether Hong Kong continues to warrant special treatment under U.S. law because of its special status under Chinese rule. It also requires a report by that date on whether items exported to Hong Kong that are on export controls lists are being transshipped.
The Commerce Department has been “slow” to complete a series of export control reviews mandated by the Export Control Reform Act, including the agency’s upcoming controls on emerging and foundational technologies, Sens. Chuck Schumer, D-N.Y., and Tom Cotton, R-Ark., said.
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.”
China criticized a Nov. 14 U.S.-China Economic and Security Review Commission report that called for more export controls against China and more support for Taiwan, saying the commission’s report is inaccurate. “The committee you mentioned is deeply entrenched in prejudice against China. Its reports are rarely based on facts,” a Chinese Foreign Ministry spokesperson said Nov. 15. “I have no interest in commenting.” The report also provided details on “harassment” tactics employed by China against U.S. companies, including unannounced site investigations and unwarranted tax investigations (see 1911140050).
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.
Export Compliance Daily is providing readers with some of the top stories for Nov. 4-8 in case they were missed.
One panelist said it will take 20 years to know who are the winners and losers of today's tariffs and export restrictions. Another panelist said U.S. factory workers making washing machines and solar panels are clearly winning from the safeguards launched nearly two years ago, as are Vietnam and Mexico. Another panelist said Vietnam and Thailand, and Mexico to a much lesser degree. As moderator Lucas Queiroz Piers said, “It is a confusing moment." The Alston & Bird legal consultant was coordinating a panel called "U.S. Sanctions and Trade War: Winners and Losers," at an American University Washington School of Law International Trade Symposium on Nov. 5.