The U.S. will no longer impose a presumption of denial policy for export license applications for Sudan but will still limit which export license exceptions can be used for those exports, the Bureau of Industry and Security said in a Jan. 19 guidance. The guidance, issued less than a week after BIS amended Sudan’s status to loosen certain restrictions in the Export Administration Regulations (see 2101140018), also covered how BIS will control exports of aircraft, encrypted telecommunication items and anti-terrorism controlled items.
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.
The State Department expanded the scope of its sanctions authorities on Iran’s metals sector (see 1905080065) by identifying 15 materials used in the country’s nuclear, military and ballistic missile programs, a Jan. 15 news release said. The agency said people or companies that “knowingly transfer” the materials are now sanctionable under the Iran Freedom and Counter-Proliferation Act. The State Department also continued its sanctions authority targeting Iran’s construction sector after determining that the U.S.-sanctioned Islamic Revolutionary Guard Corps still controls the sector.
The U.S. should increase efforts to counter China’s unfair trading practices and human rights violations and work closer with allies on trade restrictions, two of President-elect Joe Biden’s Cabinet nominees told Congress. Janet Yellen, the Treasury secretary nominee, and Avril Haines, the nominee for the director of national intelligence, both said the incoming administration will continue to pressure China on unfair subsidies, intellectual property theft and other trade issues.
Congress and the incoming administration should strengthen and maintain a range of export controls and sanctions to prevent China from acquiring sensitive U.S. technologies and items used for repression, the Congressional-Executive Commission on China said in its 2020 annual report. The report and an executive summary, issued Jan. 14, urge the U.S. to continue to dedicate resources to restrict exports to China in order to prevent human rights violations.
The Defense Department on Jan. 14 released another list of Chinese companies with ties to the country’s military. The latest tranche includes nine companies, including businesses operating in the semiconductor, technology and aviation sectors. The companies will be subject to certain investment bans under an executive order President Donald Trump issued in November (see 2011130026). The latest list follows the release of several similar lists last year (see 2008300001, 2006250024 and 2012040008).
The Bureau of Industry and Security is experiencing significant delays to its Huawei licensing decisions due to telework rules and the COVID-19 pandemic, a BIS official said. Communication between agencies has been hampered, the official said, leading to lengthy license adjudications and a backlog of applications.
The Bureau of Industry and Security announced new controls on technologies and activities that may be supporting foreign military-intelligence end-uses and end-users in China, Cuba, Russia, Venezuela and other “terrorist-supporting” countries. The agency also will bolster controls to prevent U.S. people from supporting weapons programs, weapons delivery systems and weapons production facilities, BIS said in an interim final rule issued Jan. 15. The changes take effect March 16. Comments are due March 1.
The Bureau of Industry and Security removed certain license restrictions for Sudan (see 2012080003) to reflect the U.S. decision to rescind Sudan’s designation as a state sponsor of terrorism (see 2012170015). The final rule, effective Jan. 14, will amend the Export Administration Regulations by removing anti-terrorism controls on exports to Sudan and by removing Sudan from Country Group E:1, which makes the country eligible for a 25% de minimis level, BIS said. Sudan also was added to Country Group B and will be eligible for several new license exceptions.
The Bureau of Industry and Security added one Chinese entity to its Entity List, another to its Military End User List and removed two Russian entities from the MEU List, the agency said in a final rule. BIS added China National Offshore Oil Corporation Ltd. (CNOOC) to its Entity List for its involvement with China’s militarization of the South China Sea and designated Beijing Skyrizon Aviation Industry Investment Co., Ltd. because of its ties to China’s military. The changes are effective Jan. 14.
The Joe Biden administration is expected to cooperate more with allies to counter China and more closely coordinate on trade deals and restrictions, officials from the European Union and Australia said. While the EU wants to work with the new administration to take a more multilateral approach toward strategic competition with China, Australia plans to lobby Biden trade officials to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.