The Bureau of Industry and Security added, revised and made technical changes to export controls in the Export Administration Regulations (EAR) to implement changes under the 2018 Wassenaar Arrangement (see 2007220015). Per a final rule released Sept. 10, BIS revised 28 Export Control Classification Numbers, altered license exceptions for four ECCNs, made technical changes to eight ECCNs and created one new ECCN for certain masks and reticles used for sensors. The rule follows a May 2019 rule that added controls to five technologies under the 2018 Wassenaar (see 1905220051).
Deutsche Bank Trust Company Americas was fined nearly $600,000 for violating the Office of Foreign Assets Control’s Ukraine-related sanctions, OFAC said in a Sept. 9 notice. OFAC said the New York bank processed payments for a sanctioned oil company in Cyprus and an investment bank on OFAC’s Specially Designated Nationals List. The violations were caused by poor due diligence and an incorrectly calibrated screening tool, OFAC said.
China is growing increasingly confrontational on trade issues and may be more willing to respond to U.S. sanctions with restrictions of its own, experts told the U.S.-China Economic and Security Review Commission Sept. 9. As China mulls retaliation against the U.S., the Trump administration should focus on areas in which it has leverage over China by continuing to push for purchases under the phase one trade deal and restrict Chinese attempts to develop advanced technologies, the experts said.
The Trump administration is considering placing export controls on China’s top chipmaker, the latest move in a campaign of restrictions aimed at Chinese technology companies. The controls would target the Semiconductor Manufacturing International Corporation by placing it on the Commerce Department’s Entity List, Reuters said in a Sept. 4 report. The effort is being spearheaded by the Defense Department, the report said, which petitioned Commerce’s End User Committee last week to add SMIC to the Entity List.
BIS Should Expand Huawei Exemption for Standards-Setting Bodies to Entire Entity List, Industry Says
While industry welcomed the U.S. June decision to allow companies to more easily participate in standards-setting bodies in which Huawei is a member (see 2006160035), the administration should expand the rule to exempt all businesses on the Entity List, companies and trade groups said in comments last month. If the Bureau of Industry and Security does not expand the rule, companies will still be hampered at international standards bodies and could continue to cede technology leadership to China, they said.
The Defense Department on Aug. 28 released another list of Chinese companies with ties to the country’s military, potentially requiring increased due diligence measures for U.S. companies doing business with them. The list includes companies on the Commerce Department’s Entity List and others not yet subject to U.S. restrictions. The entities may also fall under the scope of an April Commerce rule that increased licensing requirements for exports to military end-users or for end-uses in China (see 2004270027). The Defense Department issued a similar list in June (see 2006250024).
Although foreign investors and U.S. exporters should be closely monitoring the Commerce Department’s effort to restrict foundational technologies, traders should not expect controls anytime soon, Sidley Austin said in an Aug. 27 post. The rulemaking process will likely take longer than Commerce’s emerging technology effort, the law firm said, which began with a 2018 pre-rule and has been criticized by industry for moving too slowly (see 1911070014).
Taiwan plans to lift import restrictions on U.S. pork and beef, President Tsai Ing-wen said Aug. 28, adding that some Taiwanese restrictions, including in the agricultural sector, are blocking Taiwan from forming a “closer bond” with the U.S.
Two House members said there is bipartisan support for increased sanctions against Belarus, urging the U.S. to quickly designate Belarusian officials for the unfair elections held earlier this month. But despite the consensus, the U.S. has been too slow to impose designations, experts said. “They're doing too little, and they're moving too slowly,” Michael Carpenter, a senior fellow at the Atlantic Council and a former foreign policy adviser to Vice President Joe Biden, said during an Aug. 27 event hosted by the think tank. “The West needs to demonstrate to all those mid-ranking people in the [government] that if you engage in repression, you're going to be sanctioned.”
U.S. companies operating in Hong Kong could face a range of complications due to the region’s new national security law, said Dustin Daugherty, head of North American business development with Dezan Shira & Associates. Although Daugherty sees reasons to be optimistic about Hong Kong’s business environment, he said the region seems to be losing many of its trade advantages.