Companies across the world are increasingly struggling to expand their exports due to a rise in trade retaliation, trade experts said. Although exporters can find some stability by diversifying their markets, they should continue to expect unpredictability, particularly as countries react to changing U.S. tariffs. “You have to love riding roller coasters right now as a trade professional,” said Kim Campbell, president of MKMarin Trade Services, a Canadian trade consulting firm. “If you don't have that temperament, I think you're just going to be nothing but frustrated and heartbroken most of the time.”

Export Compliance Daily is providing readers with some of the top stories for Aug. 10-14 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.

The Department of Justice’s recent changes to its voluntary disclosure policies (see 1912130047) could lead to complications for companies and were met with backlash from other enforcement agencies, said Robert Clifton Burns, an export control lawyer with Crowell & Moring. The guidance, which outlined benefits for companies that disclose export control and sanctions penalties, can be interpreted as saying industry should first submit their voluntary disclosures to the Justice Department instead of to other agencies, Burns said.

The Bureau of Industry and Security on Aug. 17 added 38 Huawei affiliates to the Entity List and refined a May amendment to its foreign direct product rule, further restricting Huawei’s access to U.S. technology, the agency said in an Aug. 17 final rule. BIS also modified four existing Huawei entries on the Entity List, amended language in the Export Administration Regulations and said it will continue one cybersecurity-related authorization under its temporary general license for Huawei. The remainder of the license expired Aug. 13.

European countries need to increase sanctions against Venezuela to force a regime change and limit Nicolas Maduro’s ability to evade U.S. restrictions, said Carrie Filipetti, the State Department’s assistant secretary for the Bureau of Western Hemisphere Affairs. Filipetti also said more U.S.-European cooperation can help limit the Maduro regime’s access to gold supply chains, which it uses for funding.

Export control experts advocated for more effective U.S. controls, saying the U.S. should pursue more multilateral support and may need to rethink its strategy toward China. In a series of short essays published Aug. 13 by the Center for a New American Security, experts and former policymakers dive into how the controls can be more effective, what they should target, and how the controls are viewed by U.S. allies and adversaries.

The U.S. should stop restrictive trade measures against China, which are hindering the phase one trade deal between the two countries, China’s Assistant Commerce Minister Ren Hongbin told told reporters Aug. 13.

The Chinese government is placing more of an emphasis on infiltrating U.S. companies and universities to steal export controlled technologies, said John Demers, the U.S. assistant attorney general for national security. China has increasingly turned to its intelligence agencies, such as the Ministry of State Security, to embed officials in U.S. institutions, Demers said.

The worsening U.S.-China trade relationship is continuing to hurt U.S. companies, which are increasingly losing Chinese customers to European, Japanese and domestic Chinese firms, U.S.-China Business Council officials said. But despite the rising tensions, USCBC President Craig Allen said he is hopeful China will meet its phase one purchase commitments, and said the two sides should begin discussing phase two during an expected meeting between trade officials this week.

The State Department’s 2019 emergency arms sales to Persian Gulf countries (see 1907150033 and 1907300027) did not violate export control laws, but the agency failed to “fully assess risks” the weapons could lead to “civilian casualties” and other “legal concerns,” the Office of Inspector General said in an Aug. 11 report. The report was released days after House and Senate Democratic leaders subpoenaed four State Department officials and accused the agency of stonewalling congressional oversight of the emergency transfers and the firing of former department Inspector General Steve Linick (see 2008030046).