The Bureau of Industry and Security reduced licensing restrictions for certain exports to Ukraine, Mexico and Cyprus by revising their Country Group designations in the Export Administration Regulations (see 2011230010), according to a final rule released Dec. 23. The rule moves Ukraine from Country Group D to County Group B and adds Mexico and Cyprus in Country Group A:6, making more license exceptions available for each country. The changes take effect Dec. 28.
The United Kingdom Dec. 21 updated its guidance on exporting controlled goods after Brexit to reflect new provisions on goods moving between Northern Ireland and the European Union (see 2012180009). Northern Ireland will be considered part of the EU’s customs territory and no licenses will be required to ship dual-use items, with some exceptions, the U.K. said. If unsure, traders should seek advice from their “relevant EU member state licensing authority.”
Congress’s omnibus and COVID-19 relief package includes provisions on export controls and the Export Control Reform Act. Provisions in the spending package require the director of national intelligence to assess the state of U.S. export controls and report on the foreign use of sensitive surveillance technologies. The package, passed Dec. 21, requires the DNI to “complete an assessment” of export controls on artificial intelligence, microchips, advanced manufacturing equipment and “other AI-enabled technologies,” and to identify “opportunities for further cooperation” with U.S. allies. The package also requires the DNI to submit a report on threats posed by foreign governments and entities using “commercially available cyber intrusion and other surveillance technology,” exports that are monitored closely by the Commerce and State Departments (see 2009300056). In addition, the appropriations act for the 2021 fiscal year includes “awards for compensation to informers” of violations under ECRA, but does not specify the amount.
Norway proposed a new “sanctions act” that will allow it to implement certain European Union human rights sanctions, a Dec. 18 news release said. The act will “extend the government’s authority to impose sanctions” on people “involved in especially serious acts that demand a response” by allowing Norway to impose financial sanctions. The country said it is currently able to impose only travel restrictions.
The U.S. sanctioned eight people and 10 entities for being members of or supporting the Syrian government, the Treasury Department said Dec. 22. The sanctions designate two people and 10 entities by Treasury and six people by the State Department. Treasury also issued three new frequently asked questions related to Syria.
The Office of Information and Regulatory Affairs on Dec. 21 completed its review of a final Bureau of Industry and Security rule concerning Sudan. The rule, received by OIRA Dec. 3 (see 2012080003), would revise the Export Administration Regulations to reflect the U.S.'s rescission of Sudan’s designation as a state sponsor of terrorism (see 2012170015).
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The Bureau of Industry and Security removed Hong Kong as a separate destination from China under the Export Administration Regulations (see 2012160010) in response to Hong Kong losing its autonomy from Beijing, BIS said in a Dec. 22 notice. The measures, which take effect Dec. 23, remove provisions that provide Hong Kong “differential and preferential treatment” for exports, reexports or transfers for items subject to the EAR.
The Bureau of Industry and Security will amend the Export Administration Regulations (EAR) Dec. 23 to add the new military end-user list (see 2012210047), consisting of 103 entities subject to export licensing requirements, the agency said in a Dec. 22 notice. Licenses will be required to export, reexport or transfer certain items described in the EAR that are subject to military end-use (MEU) or end-user licensing requirements. A BIS spokesperson said the 102 cited in the notice is a typo.
China criticized the U.S. move to add Chinese companies to its Entity List last week (see 2012180039), saying it unfairly suppresses Chinese industry and is an abuse of export controls. A Chinese Foreign Ministry spokesperson urged the U.S. to reverse the measures. “China firmly opposes this and will take necessary measures to resolutely safeguard the legitimate rights and interests of Chinese companies,” the spokesperson said Dec. 19, according to an unofficial translation of a release of a press conference transcript.