The Commerce Department will add 11 China-based entities to its Entity List for their involvement in human rights abuses in China’s Xinjiang region, a notice released July 20 said. Nine of the entities are involved in the forced labor of Muslim minority groups and two conduct “genetic analyses” to “further the repression” of the minorities, Commerce said. The additions take effect July 22.
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 Commerce Department plans to add 11 Chinese-based entities to its Entity List for their involvement in human rights abuses in China’s Xinjiang region. Nine of the entities are involved in the forced labor of Muslim minority groups and two of the entities conduct “genetic analyses” to “further the repression” of the minorities, Commerce said. The additions take effect July 22.
U.S. agencies are exploring ways to enforce industry compliance with mitigation agreements with the Committee on Foreign Investment in the U.S., despite travel restrictions imposed by the COVID-19 pandemic, a top Justice Department official said. The pandemic has specifically caused challenges around in-person site visits, which help enforcement agents ensure companies are adhering to CFIUS conditions for an approved investment, John Demers, assistant attorney general for national security, said.
A United Arab Emirates manufacturer will pay about $660,000 as part of a settlement agreement for violating U.S. sanctions against North Korea, the Office of Foreign Assets Control said in a July 16 notice. Essentra FZE Company Limited, a cigarette filter and tear tape manufacturer, illegally exported cigarette filters to North Korea through a network of front companies, including companies in China, OFAC said. Essentra FZE was paid for the shipments through a bank account belonging to a foreign branch of a U.S. bank.
The Bureau of Industry and Security is considering imposing new license requirements on facial recognition software and surveillance-related items that may be used for crowd control reasons or to violate human rights. BIS said in a notice it is reviewing changes to the Commerce Control List and is seeking industry feedback about CCL items that are restricted for crime control and detection reasons. Comments are due Sept. 15.
The Commerce Department’s long-awaited proposed regulations on routed export transactions may not be issued until next year, a Census Bureau official said. Both Census and the Bureau of Industry and Security have been working closely on the rule but have struggled to pinpoint a release date. “I thought it would happen this year, but I'm going to go with probably 2021,” Kiesha Downs, chief of Census’ Foreign Trade Division’s regulations branch, said during a July 15 webinar hosted by Census. “It's just a matter of ironing out a couple more things.”
President Donald Trump’s executive order ending preferential treatment for Hong Kong details a range of sanctions authorities and export bans but includes a carve-out for certain defense exports authorized before the order was issued. The State Department’s Directorate of Defense Trade Controls issued a July 15 guidance to clarify the new restrictions and answer industry questions.
The Commerce Department published its spring 2020 regulatory agenda for the Bureau of Industry and Security. The agenda includes a new mention of a rule to control “software” for the operation of “automated nucleic acid assemblers and synthesizers” capable of designing and building “functional genetic elements from digital sequence data.” BIS said the software can be used in the production of pathogens and toxins, with the potential for those to make their way into biological weapons if export controls on the software are lacking. The notice of proposed rulemaking, part of BIS’ effort to control emerging and foundational technologies (see 2005190052), will request industry comments about how the controls might affect “legitimate commercial or scientific applications.” BIS said it aims to issue the proposed rule this month.
The European Union is considering countermeasures, including export restrictions, in response to Beijing’s interference in Hong Kong’s autonomy, Josep Borrell, the EU’s foreign policy chief, said during a July 13 press conference. The measures will include a “package” of EU-wide restrictions, although some member states may announce their own national measures in the “coming days,” Borrell said.
China announced sanctions on U.S. lawmakers and a congressional commission in response to U.S. sanctions on Chinese officials for human rights abuses in the Xinjiang region. China’s sanctions, which include travel restrictions, target Sens. Marco Rubio, R-Fla.; Ted Cruz, R-Texas; and Rep. Chris Smith, R-N.J.; U.S. Ambassador for International Religious Freedom Sam Brownback; and the Congressional-Executive Commission on China, Beijing’s Foreign Ministry said July 13. A ministry spokesperson said the U.S. has “no right and no cause to interfere” in Xinjiang and urged the U.S. to rescind its sanctions or it will issue a “further response.”