CBP will extend its travel restrictions on the northern and southern borders through Jan. 21, 2021, it said in two notices. The travel bans do not apply to cargo, and exempt crossing the border from Canada or Mexico to work in the U.S.
China issued new rules for conducting national security reviews on foreign investment, following a trend of increased investment screening mechanisms around the world, including by the U.S. (see 2001140060) and the European Union (see 2010090016). The measures, which will take effect next month, draw on other international investment screening mechanisms and are meant to “actively promote and protect foreign investment, China said Dec. 19, according to an unofficial translation. The rules establish a working body to review foreign investments based on national security concerns related to various Chinese sectors, including the military and the energy and agriculture industries.
There will be $840 million in emergency appropriations for CBP, in light of its lost fees during the COVID-19 pandemic, one of many areas where Congress voted to dedicate additional funding through Sept. 30, 2021. The massive omnibus spending bill that passed both chambers late on Dec. 21 also dedicated an additional $10 million for ports of entry technology. The Harbor Maintenance Trust Fund will receive $50 million more than in the last fiscal year. It uses 92% of the fees collected for maintenance purposes, an estimated $1.68 billion in all in the current fiscal year.
Sen. Marco Rubio, R-Fla., is concerned that Huawei is evading U.S. export restrictions on semiconductors and ordering them from U.S. companies with the intent to ship them in case those companies are granted export licenses, he said in a Dec. 17 letter to Commerce Secretary Wilbur Ross. Rubio asked Ross to provide information on how many individual export licenses Commerce has approved for U.S. semiconductor manufacturers to Huawei and whether it would be legal for U.S. companies to “stockpile” items for eventual export to Huawei pending a licensing decision, or to “receive compensation from Huawei for doing so.” Rubio also asked whether the administration plans to remove Huawei from the Entity List. A Commerce spokesperson pointed to Ross's statement last week, in which he said the U.S. will continue to use Entity List restrictions to prevent China's military from acquiring sensitive semiconductor equipment.
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.