The Commerce Department is considering a host of expanded restrictions on foreign shipments to Huawei containing U.S. technology, said Rich Ashooh, Commerce’s assistant secretary for export administration. The agency is discussing expanding the Direct Product Rule -- which subjects certain foreign-made products containing U.S. technology to U.S. regulations -- and a broadened de minimis rule, Ashooh said during a Dec. 10 Regulations and Procedures Technical Advisory Committee meeting. Ashooh’s comments confirmed details in a Nov. 29 Reuters report that said the U.S. was discussing ways to restrict more foreign exports to Huawei (see 1912040014).
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The Commerce Department Bureau of Industry and Security's upcoming set of proposed rules on emerging technologies may not be published until early next year, another sign of the delay that has plagued the rules since Commerce first announced them more than a year ago. Commerce has three emerging technology rule proposals in “various stages of clearance,” Hillary Hess, director of the BIS Regulatory Policy Division, said during a Dec. 10 Regulations and Procedures Technical Advisory Committee meeting. The agency hopes to publish one proposal before the end of the year, Hess said, but urged committee members to take any prediction with “at least a handful of salt.”
Telefonaktiebtolaget LM Ericsson, a multinational telecommunications company based in Sweden, was fined more than $1 billion for violations of the Foreign Corrupt Practices Act, the Justice Department said in a Dec. 6 press release. The penalty, stemming from a scheme to bribe government officials and falsify records, includes more than $520 million in criminal penalties and a $540 million penalty owed to the Securities and Exchange Commission.
China hopes to reach a trade agreement with the U.S. “as soon as possible,” China said during a Dec. 9 press conference, adding that it plans to reduce import tariffs on industrial goods as part of a series of “guiding opinions” released by the State Council.
The growing complexity of international trade and the increasing use of front companies have made it more difficult to identify end-users and more challenging for enforcement authorities to prosecute illegal exports, according to a December report by The Stockholm International Peace Research Institute. In response, the European Union, and other multistate export regimes, should push for more transparency in penalties for export violations, create a forum for information sharing on national enforcement measures and improve reporting on those measures, the report said. The EU should also adopt “clearer” language on complex export concepts and make “detection, investigation and prosecution” a “key focus” of its industry outreach efforts.
Agricultural trade associations applauded the Japanese Diet’s passage of the U.S.-Japan trade deal (see 1912040008) but urged the Trump administration to quickly begin working on a more comprehensive deal with Japan.
The U.S. needs to increase “engagement” with China to reach a trade deal, said Sen. David Perdue, R-Ga., adding that the U.S. has stronger, not weaker, trade relationships with its allies since President Donald Trump became president.
Newly recommended export-related initiatives (see 1912020048), including an effort by CBP to reduce minor “parking ticket” violations, will better allow U.S. enforcement agencies to target serious export violators, Commercial Customs Operations Advisory Committee members said during a Dec. 4 meeting. CBP’s Export Modernization Working Group hopes fewer minor penalties will clear up enforcement officials to do more large-scale work. “It should help the enforcement side to have time to actually get the bad guys,” said Brenda Barnes, a COAC member and part of the EMWG.
Switzerland is “absolutely convinced” it needs a free trade agreement with the U.S., which could benefit U.S. agricultural exporters, a Switzerland ambassador and Switzerland trade expert said during a Dec. 3 Heritage Foundation panel. But a deal may be unlikely, particularly because Switzerland faces the difficult decision of accepting U.S. agricultural safety standards over those of the European Union, a trade expert said. That decision presents a significant barrier to a potential trade deal.
China announced sanctions on five U.S. non-government organizations and said U.S. military ships and aircraft will not be allowed to visit Hong Kong, a Chinese Foreign Ministry spokesperson said Dec. 2. The sanctions were in response to the U.S. passage of the Hong Kong Human Rights and Democracy Act, which President Donald Trump signed into law last week (see 1911290012). The sanctioned organizations include the National Endowment for Democracy, the National Democratic Institute for International Affairs, the International Republican Institute, Human Rights Watch and Freedom House.