The Commerce Department plans to roll back regulations that make it easier for U.S. exporters to sell goods that have both civilian and military purposes, making it more difficult for China to acquire U.S. technology, according to a May 23 report by Politico. As part of its plans, Commerce is considering ending a general policy of approving export licenses for products bound for civilian use, instead switching to reviews on a “case-by-case basis,” the report said. Commerce’s plans include “four regulatory actions” that target China under the Export Control Reform Act, including options that would revoke two license exceptions relating to shipping restricted technology to China and an option that would expand a ban on U.S. defense-related exports to China, the report said.
The Department of State published its spring 2019 regulatory agenda. The agenda includes a new mention of a proposal to amend the International Traffic in Arms Regulations to include definitions for "activities that are not exports, re-exports, or retransfers." The activities include "launching items into space; providing technical data to U.S. persons within the United States or within a single country abroad; and moving a defense article between the states, possessions, and territories of" the U.S., State said. The proposal also "removes from ITAR licensing requirements the electronic transmission and storage of unclassified technical data via foreign communications infrastructure when the data is secured sufficiently to prevent access by foreign persons." Under the proposal, State would also amend the ITAR to create definitions for “access information” and revise definitions of release to include “the improper provision of access information to foreign persons.” State is aiming to issue the proposal in September, it said.
The agenda also includes a rule that would revise Categories I, II and III of the U.S. Munitions List to include items that gives the U.S. a “critical military or intelligence advantage or otherwise warrant control at the highest level.” The rule states that exports of “commercially available firearms and ammunition,” removed from Category I and III, will continue to be controlled under the Bureau of Industry and Security’s Commerce Control List. State said the transition from the Munitions List to the CCL “will result in a net reduction in regulatory burden for the affected manufacturing and export community.” State aims to issue the rule in May 2019, it said.
The House Foreign Affairs Committee advanced three bipartisan measures calling for sanctions against countries it said are involved in corruption, human rights abuses and trade that harms U.S. national security. The measures, advanced on May 22, called for sanctions on countries in the Northern Triangle, Georgia and Turkey.
A member of Syria’s ruling family forfeited more than $30 million from her United Kingdom bank account after an investigation by the U.K.’s National Crime Agency revealed the money was the result of an evasion of European Union financial sanctions, according to a May 21 press release. NCA said the money, transferred via 56 “cash deposits” across England, was “consistent with the use of an informal value transfer system which may result in the laundering of criminal cash.” The activity violated EU sanctions designed to “restrict the use and availability of Syrian regime funds,” the press release said.
The Treasury’s Office of Foreign Assets Control announced sanctions on Argentina-based Goldpharma, which it called a drug trafficking and money laundering organization, and several of its members, Treasury said in a May 23 notice. In total, OFAC designated the company, eight Argentine nationals and 16 other entities under the Foreign Narcotics Kingpin Designation Act for operating as “significant foreign narcotics” traffickers and contributing to the “synthetic opioid crisis,” Treasury said.
The Department of Commerce published its spring 2019 regulatory agenda for the Bureau of Industry and Security. The agenda continues to mention an upcoming a long-awaited proposed rulemaking involving parties’ responsibilities under the Export Administration Regulations in a routed export transaction, saying the proposal will be published in May 2019. Sharron Cook, a senior policy export analyst for BIS, said in April the rule change will help solve some of the bigger frustrations with the current regulations faced by export forwarders (see 1904170064). BIS is aiming to issue the proposal in May, it said.
The Canadian Food Inspection Agency (CFIA) and the U.S. Department of Agriculture Animal and Plant Health Inspection Service will continue trade in swine products "in the event African swine fever (ASF) is reported in either country," the chief veterinary officers from both countries said in a joint statement. "For business continuity, Canada and the United States have worked to modify their export certificates to allow trade of live swine, swine semen, pet food and animal by-products and meat to continue trade in approved disease-free zones in the event of an ASF outbreak," the CVOs said. The two countries previously set out principles for trade and zoning to help slow the spread of diseases.
The United Kingdom published its 2019 Cyber Attacks (Asset Freezing) Regulations, which will impose new European Union sanctions announced May 17. The sanctions regime, established by the EU Council, allows the EU to “impose targeted restrictive measures to deter and respond to cyber-attacks” that “constitute an external threat” to the EU, according to the announcement. The regime also allows the EU to sanction people or entities who provide “financial, technical or material” support for cyber-attacks or “who are involved in other ways.” Sanctions include travel bans and asset freezes.
Foreign manufacturers need to be aware that their products may be covered by the Commerce Department's Bureau of Industry and Security's listing of telecommunications equipment manufacturer Huawei on the Entity List, even if they aren't manufactured in the U.S., according to an alert by law firm Sheppard Mullin. U.S. export controls on Huawei and its affiliates may apply to a substantial scope of foreign goods that contain more than 25 percent U.S.-origin content. Under the BIS de minimis rule, products are subject to the Export Administration Regulations -- and consequently new license requirements for Huawei -- if more than one-fourth of the product is composed of U.S.-origin content that is also controlled under the EAR, except for “EAR99 items” or products that do not require a license, the alert said.
The Commerce Department’s Bureau of Industry and Security is adding five new national security-related technologies to the Export Administration Regulations’ Commerce Control List, according to a notice in the Federal Register. The additions stem from changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies agreed to during the 2018 Plenary meeting, the notice said. The changes add “recently developed or developing technologies” that are “essential” to U.S. national security: “discrete microwave transistors,” “continuity of operation software,” “post-quantum cryptography,” “underwater transducers designed to operate as hydrophones” and “air-launch platforms.” The notice is scheduled for publication and the changes take effect on May 23.