The Commerce Department is reviewing export license applications to sell to Huawei in order to “mitigate as much of the negative impacts of the entity listing as possible” and hopes to have decisions “soon,” said Nazak Nikakhtar, Commerce undersecretary for the industry and security.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
An Office of Foreign Assets Control official said the agency within the Treasury is trying to “expedite” responses on license applications but does not have the resources to lift certain compliance burdens that have caused headaches for U.S. companies, such as regulations that require businesses to determine which companies are owned 50 percent or more by a sanctioned party. “That’s something were trying to work on,” said Susan Demske, OFAC’s assistant director for regulatory affairs.
The Commerce Department will continue its presumption of denial policy for license applications for exports to Huawei, a Commerce spokesperson said July 3, adding that the China tech company remains on Commerce’s Entity List. Commerce will review export license applications for “their national security impacts” and plans to review licenses “under the highest national security scrutiny,” the spokesperson said.
Instex, the European payment system designed to allow countries to trade with Iran despite U.S. sanctions, is mostly symbolic, several trade lawyers said. The system is a potentially useful tool to appease Iran’s demands for greater cooperation with Europe, lawyers said, but likely an insignificant mechanism in brokering major trade.
If the Iran nuclear deal collapses and Europe imposes a set of automatic snapback sanctions, the U.S. would likely follow with its own set of additional Iran sanctions, including greater enforcement on non-U.S. entities and sanctions on Iran’s trading partners, said Inessa Owens, a trade lawyer with Baker McKenzie.
The Commerce Department will approve more temporary licenses to U.S. exporters selling “general merchandise” to Huawei, U.S. National Economic Council Director Larry Kudlow said on CBS and Fox News on June 30, potentially providing relief to both U.S. firms and China’s telecommunications tech giant. Although specific details have not yet been released, Commerce plans to grant export licenses for products that China can easily get from other countries, including “various chips and software,” Kudlow said.
More than 25 industry associations are asking the Commerce Department to allow more time for public comments on Commerce’s next advance notice of proposed rulemaking for foundational technologies, which is expected in the coming weeks. The associations asked for a 90-day comment and review period in a June 27 letter to Commerce Secretary Wilbur Ross.
A Commerce Department official allayed concerns from the U.S. industry that new export controls on emerging technologies will be overbroad, saying it will only look to control a "slice" of categories of technologies, not whole classifications.
An escalating U.S. trade war with Europe would further accelerate the European Union’s efforts to sign free trade deals with other countries, potentially closing off more market access for U.S. exporters, panelists told a House Foreign Affairs Subcommittee June 26.
FedEx filed a lawsuit against the Commerce Department and the Bureau of Industry and Security for imposing export controls it says are “unconstitutional” and “impossible” to comply with, according to court records. The company also said BIS’s Entity List “imposes an overbroad, disproportionate burden on FedEx,” records show. The suit asks the court to stop Commerce from enforcing certain sections of the Export Administration Regulations on FedEx, to declare the EAR “unlawful” and to award FedEx any additional appropriate relief, including “costs and expenses.”