The United Kingdom and Canada announced a range of measures to restrict trade with China’s Xinjiang region over allegations of human rights violations committed against Uighurs and other ethnic minorities. The measures include export controls, restrictions on certain imports produced by forced labor in the region and penalties for companies that violate the measures. Both countries also issued business advisories for companies operating in the region, warning them about compliance risks and exposure to penalties.
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 Bureau of Industry and Security loosened its license review policy for exports of certain drones controlled under the Export Administration Regulations (see 2012150011). The move, following a similar announcement by the State Department in July (see 2007270035), will impose a case-by-case license review policy on certain unmanned aerial systems (UAS) as opposed to a review policy of presumption of denial. The change will impact drones controlled for missile technology (MT) reasons and that have a “range and payload capability equal to or greater than 300 kilometers/500 kilograms” and a “maximum true airspeed of less than 800 km/hour,” BIS said in a final rule. The agency said the case-by-case review policy will also apply to MT-controlled items for the design, development, production or use in such drones. The changes take effect Jan. 12.
The U.S. needs to boost its manufacturing capabilities, invest in innovation and improve its ability to export goods around the world, the President-elect Joe Biden’s two top Commerce Department nominees said. The nominees, Gina Raimondo as Commerce secretary and Don Graves as Commerce deputy secretary, were announced Jan. 8 by Biden, who urged the Senate to swiftly confirm their nominations.
The U.S. should strengthen a range of measures to slow down China’s technology growth, including more foreign direct investment (FDI) restrictions and prohibitions on Chinese acquisitions of U.S. technology, said Robert Atkinson, president of the Information Technology and Innovation Foundation. Although many in Europe prefer the U.S. to remain technologically superior to China, Daniel Gros, director of the Centre for European Policy Studies, said little can be done to stop China's rise, and the U.S. should instead focus on increasing trade with China instead of decoupling. Both said the U.S. and Europe should collaborate more closely on industrial technology policy, including for emerging technologies such as artificial intelligence and quantum computing.
The Bureau of Industry and Security amended the Chemical Weapons Convention Regulations and Export Administration Regulations to control new chemicals used in chemical weapons. The final rule, effective Jan. 7, aligns U.S. export controls with recent changes made by the multilateral Chemical Weapons Convention.
The Bureau of Industry and Security clarified and expanded the scope of export controls for certain vaccines and medical products (see 2012090006), the agency said in a final rule effective Jan. 7. The changes align U.S. export controls with decisions agreed to at the Australia Group’s 2019 plenary group. The updated controls also have implications for vaccines related to COVID-19, BIS said.
A federal district court judge blocked the Trump administration from enforcing certain sanctions related to the International Criminal Court, saying the sanctions violate free speech rights. The decision, issued Jan. 4 by Judge Katherine Polk Failla in the Southern District of New York, imposes a preliminary injunction on certain sanctions under the International Emergency Economic Powers Act outlined in President Donald Trump’s June executive order against the ICC (see 2006110028 and 2009300003).
The Bureau of Industry and Security renewed its temporary export control on certain artificial intelligence software as it prepares to propose the control at multilateral control groups. The control, first issued in January 2020 (see 2001030024), placed unilateral restrictions on geospatial imagery software, adding it to the 0Y521 Temporary Export Control Classification Numbers Series. BIS extended the control for one year, effective Jan. 6, a notice said.
The United Kingdom officially began operating its autonomous sanctions and export control regimes Jan. 1 and issued a range of guidance for industry as it left the European Union. The documents include a 32-page guidance covering penalties for breaches of U.K. sanctions, a list of the U.K. sanctions regimes and a host of export control guidance, including new procedures for applying for export licenses.
Four companies said they may have violated U.S. sanctions and export controls after providing products to blocked parties or not complying with licensing requirements, according to their Securities and Exchange Commission filings. The potential violations involve illegal exports of software, providing services to people in embargoed countries, and sanctioned airline activities.