The scope of the export ban on personal protective equipment is the source of some confusion after CBP issued a memo that laid out multiple exclusions and other information not included in the official notices, said Brian McGrath, a lawyer with Crowell & Moring who spoke on an April 15 webinar. “We hope to see a formal process coming in the next week or so,” he said. According to McGrath, CBP said the release of the memo was “accidental and stated that it cannot be relied on at this time.” The April 9 CBP memo (see 2004090069) said that the ban would only apply to shipments of 10,000 units or more and $25,000 or more, and would exclude exports by U.S. charities, government agencies and 3M. It also said exports to Canada and Mexico aren't banned, and that in-transit shipments couldn't be stopped. CBP didn't comment.
Several U.S. agencies, including the State Department and Treasury Department, issued an April 15 guidance on cyber threats posed by North Korea, including sanctions in place to counter those threats. The guidance includes information on the types of North Korean actions that constitute “sanctionable conduct,” entities and people currently designated for cyber activity, how Treasury investigates possible cyber-related sanctionable conduct and more.
European Parliament members sent a letter earlier this month urging the European Commission to refrain from lifting sanctions against Russia, according to a member of the parliament. Although some officials have called for a global cessation of all sanctions during the pandemic (see 2003250010), 19 members said sanctions should only be lifted in cases in which they hinder humanitarian trade. “[N]ot all existing sanctions prevent sanctioned countries from obtaining medical equipment and essential goods,” the letter said. The members stressed that European Union sanctions on Russia include an arms embargo, an export ban for dual use goods and restrictions on access to sensitive technologies, but do not prohibit Russia from importing medical goods. The EU should do “everything in your power to maintain” Russian sanctions, the letter said.
U.S. restrictions on exports of personal protective equipment are not expected to have a significant impact on U.S. industry, particularly because most U.S. companies produce those goods overseas, trade observers said. Companies have been more heavily impacted by recently announced Chinese restrictions on medical exports, which have caused customs delays and a backlog of shipments, the U.S.-China Business Council said.
The government of Canada issued the following trade-related notices as of April 15 (note that some may also be given separate headlines):
The United Kingdom’s Export Control Joint Unit updated its application form for firearms export licenses, according to an April 14 notice. The form was updated to allow licensing officers to “add certain details,” the U.K. said. The form is required for exporting firearms to European Union countries.
Sen. Chuck Grassley, R-Iowa, who last week said that U.S. Trade Representative Robert Lighthizer is not sympathetic to auto industry complaints about U.S.-Mexico-Canada Agreement implementation, said that after talking to Lighthizer again, he has a different view. Lawmakers recently asked the USTR to delay the USMCA rules of origin requirements (see 2004130035).
Vietnam will resume exporting rice less than a month after announcing a temporary ban on the shipments (see 2003270010), according to an April 14 report from CustomsNews, the mouthpiece for Vietnam Customs. The country will establish an export quota of 400,000 tons of rice for April, the report said. Once the quota is reached, the country’s customs authority will “automatically stop receiving registration of customs declarations” for rice exports. The announcement came as the country’s Ministry of Industry and Trade considered proposing strict limits on monthly rice exports during the COVID-19 pandemic (see 2004020015).
India amended the conditions for imports of refined palm oil, the country’s Directorate General of Foreign Trade said in an April 13 notice. Import licenses will be valid for six months instead of the “usual” 18 months, India said, and its customs authority will “diligently enforce” Rules of Origin criteria for imports of the oil originating from Nepal and Bangladesh. The imports must also be accompanied by the “pre-purchase agreement.”
The Trump administration eased its initial restrictions on exports of personal protective equipment (2004080018) after pushback from industry, which pointed out several “shortcomings” of the broad restrictions in a conference call with agencies last week, according to an April 14 Bloomberg report. The pushback resulted in the April 9 CBP memo that introduced several limitations on the scope of the restrictions, including exemptions for exports to Canada and Mexico (see 2004090069). On the call, companies and their lawyers said the restrictions would affect shipments to company offices overseas and to U.S. military bases abroad, the report said.