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.
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 Commerce Department's Bureau of Industry and Security is looking for new members for its seven Technical Advisory Committees, the agency said in a notice. The TACs "advise the Department of Commerce on the technical parameters for export controls applicable to dual-use items (commodities, software, and technology) and on the administration of those controls." Six of the TACs are focused on the technical parameters of export controls, and the seventh is focused on the regulations and procedures, BIS said. The members are chosen by the Commerce secretary and must obtain secret-level clearances, it said. Nominations are due by June 15 and should go to Yvette.Springer@bis.doc.gov.
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.
The Aerospace Industries Association asked the Commerce Department for more time before it sets space-related export control regulations, in order to allow for its member companies to have "open discussions with the government," in comments filed in a Bureau of Industry and Security proposed rulemaking regarding the Commerce Control List for munitions. The trade group said it lacked an "industry consensus" on multiple changes being considered. The comments were solicited by State and Commerce after both requested public comments on a proposal for items listed on the U.S. Munitions List in categories IV and XV: launch vehicles and spacecraft. The proposal is part of a broader effort by the Trump administration to revive the National Space Council and review space-related export controls (see 1904180014). Comments were due April 22
Officials from the State and Commerce departments underscored the importance of open communication and urged industry leaders to submit public comments as the two begin a review of space-related export controls under a Trump administration directive. At the April 17 public meeting at the Department of Commerce, several officials, including Commerce Secretary Wilbur Ross, said they were seeking public comments on an advanced notice of proposed rulemaking for both State and Commerce, specifically surrounding items listed on the U.S. Munitions List regarding categories IV and XV: launch vehicles and spacecraft, respectively. The notices were issued March 8; comments are due April 22.
SAN ANTONIO -- The Commerce Department's Bureau of Industry and Security and the Census Bureau hope to issue their long-awaited proposed regulations on routed export transactions in late spring or early summer, said Sharron Cook, senior policy export analyst at BIS, at the National Customs Brokers & Forwarders Association of America's annual conference April 17. When they come out, Cook thinks, export forwarders will see two of their bigger headaches with the current regulations on track for resolution.
SAN ANTONIO -- CBP is combing through its export processes to streamline, automate and harmonize agency review, exams and penalties across the ports, according to Jim Swanson, director of CBP’s cargo and security controls division. Speaking at the National Customs Brokers & Forwarders Association of America's annual conference April 17, Swanson said CBP has “incrementally moved the ball” on exports in the past year, but is “on the verge” with “a few things we’re working on diligently.”