A U.S. website infrastructure company said it may have violated U.S. sanctions and export reporting requirements, according to its regulatory filing with the Securities and Exchange Commission. Cloudflare, based in California, told the SEC it voluntarily disclosed possible export and sanctions violations to the Bureau of Industry and Security and the Office of Foreign Assets Control this year. The violations included submitting “incorrect information” about hardware exports to Commerce and receiving payments from people and entities on OFAC’s Specially Designated Nationals List.
The Commerce Department Bureau of Industry and Security issued two sets of Frequently Asked Questions involving Huawei and the extension of its temporary general license, including information on what changes came with the extended license, which transactions are covered and more. But the agency did not say whether it planned to again renew the temporary general license when it expires Nov. 18. “Any decision to renew the Temporary General License will be made at the sole discretion of the U.S. Government,” BIS said.
The Commerce Department is aiming to publish its advance notice of proposed rulemaking for foundational technologies before the end of September, said Rich Ashooh, the assistant secretary for export administration. “That’s kind of the goal,” Ashooh said, speaking during a Sept. 5 Materials Technical Advisory Committee meeting. “It’s really important for us to get there.”
The Commerce Department has been receiving fewer questions and complaints on export controls as it proceeds with the government’s Export Control Reform initiative, said Hillary Hess, director of the regulatory policy division at the Bureau of Industry and Security. The reform process, which began under the Obama administration and continues as Commerce prepares to release proposed export controls on emerging and foundational technologies (see 1909030037), has proved largely “effective,” Hess said. Hess said she uses the number of complaints from U.S. industry as a measurement.
China said it will continue to push for Huawei to be included in any potential U.S.-China trade deal, despite President Donald Trump saying the U.S. does not want to discuss Huawei in negotiations. “China’s position is clear. It is hoped that the U.S. will stop using the national power to suppress the wrong practices of Chinese enterprises in the name of national security,” China’s Ministry of Commerce spokesman said Sept. 5, according to an unofficial translation of a transcript from a press conference.
U.S. export controls are confusing, burdensome and often place U.S. companies at a disadvantage compared with foreign competitors, the American Chamber of Commerce in Shanghai said in an Aug. 29 report.
The Commerce Department's Bureau of Industry and Security issued a guidance for exports, re-exports and transfers to Pakistan, covering license requirements for items subject to the Export Administration Regulations and best practices for screening Pakistani customers.
A Bureau of Industry and Security official acknowledged a delay in the agency’s proposed rulemaking for foundational technologies, saying she and other top Commerce Department officials expected the notice to be published by now. “I personally thought foundational would be out faster than it is. It was not just higher-level people,” said Hillary Hess, BIS’s director of the regulatory policy division, speaking during a Sept. 3 panel hosted by the American Bar Association.
Nazak Nikakhtar is no longer the acting Commerce Department undersecretary for industry and security, a position she held as she awaited confirmation from the Senate, a Commerce spokesperson said. Nikakhtar is no longer performing that duty and is now focused solely on her role as assistant secretary for industry and analysis. Her nomination has not yet been officially withdrawn.
Commerce's Bureau of Industry and Security issued a guidance on Aug. 20 about the disclosure of technology or software subject to export controls “between and among members of standards setting or development groups or bodies.” BIS said it issued the guidance after receiving “a number of questions” about the temporary general license for Huawei and the Chinese company’s addition to the Entity List. The guidance tries to clarify which activities are prohibited among standards organizations when discussing Huawei and its Entity Listing.