The Bureau of Industry and Security (BIS) has issued a proposed rule that would revise the Export Administration Regulations (EAR) in order to amend the definition of "knowledge," update the "red flags" guidance, provide a safe harbor from liability, and make other clarifying amendments and conforming changes.
On October 8, 2004, the House passed the conference version of H.R. 1047, the Miscellaneous Trade and Technical Corrections Act of 2003. According to Congressional sources, the Senate failed to pass the conference version of H.R. 1047 prior to its adjournment on October 11, 2004. However, various sources have opined that the Senate will again consider the conference version of H.R. 1047 in mid-November 2004, when it returns after the election.
The Washington Trade Daily (WTD) has reported that the House of Representatives has passed the conference version of HR 4520, which would repeal the World Trade Organization (WTO)-illegal Foreign Sales Corporation/Extraterritorial Income Act (FSC/ETI). According to WTD, the Senate is expected to act on HR 4520 on October 8th or 9th. (See ITT's Online Archives or 10/08/04 news, 04100899 1, for BP summary of the Conference Committee's approval of HR 4520.) (WTD Pub 10/08/04, www.washingtontradedaily.com)
U.S. Customs and Border Protection (CBP) at JFK Airport in New York has issued an informational pipeline announcing new phone numbers, effective September 13, 2004, for the Entry Branch at JFK Airport/Building 77.
The Journal of Commerce Online reports that the U.S. has suspended plans to include the Dominican Republic in the Central American Free Trade Agreement (CAFTA) after Dominican lawmakers passed a 25% import tax on corn syrup during the week of September 20, 2004. (JoC Online, dated 09/28/04. www.joc.com.)
The Bureau of Industry and Security (BIS) has issued a notice stating that it is reviewing the "foreign policy-based" export controls in the Export Administration Regulations (EAR) to determine whether they should be modified, rescinded or extended.
The Bureau of Industry and Security (BIS) has issued a notice requesting public comments on the effectiveness of its licensing procedures as defined in the Export Administration Regulations (EAR) for the export of agricultural commodities to Cuba.
The Bureau of Industry and Security (BIS) has issued a final rule, effective September 22, 2004, which implements the following three initial steps that the U.S. has agreed to take under the "Next Steps in Strategic Partnership" (NSSP) with India:
On September 15, 2004, Presidential Determination No. 2004-47 was issued which identifies the following major drug-transit or major illicit drug producing countries: Afghanistan, the Bahamas, Bolivia, Brazil, Burma, China, Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, and Vietnam. The determination notes that a country's presence on the list is not necessarily an adverse reflection of its government's counternarcotics efforts or level of cooperation with the U.S. (Presidential Determination No. 2004-47, dated 09/15/04, available at http://www.whitehouse.gov/news/releases/2004/09/20040916-11.html)
The Washington Trade Daily (WTD) reports that although Chinese officials have made clear their belief that "threat-based" textile and apparel safeguard petitions violate World Trade Organization (WTO) rules, Commerce Department officials state that the safeguard provision negotiated as part of the bilateral agreement on China's WTO accession clearly allows for such petitions. According to WTD, these officials noted that the Bush Administration fully intends to comply with its WTO commitments to lift domestic textile and apparel quotas at the end of this year. (WTD Pub 09/23/04, www.washingtontradedaily.com)