The U.S. effort to box out Huawei shows how complex and intertwined the issues are, the Asia Society Policy Institute president and a former deputy secretary of state said Jan. 28. Former Australia prime minister Kevin Rudd, now president of ASPI, said he's spoken with many people in the U.S. semiconductor industry, and they tell him that their ability to reinvest at the scale they need to remain dominant in the latest advances “hangs in part on their ability to export to China.” He asked, if the government bans those exports, will it “then step in to supplement on the order of tens of billions each year?”

Export Compliance Daily is providing readers with some of the top stories for Jan. 21-24 in case you missed them.

In a letter to the Defense Department, Sens. Ben Sasse, R-Neb., Tom Cotton, R-Ark., and Marco Rubio, R-Fla., said they are concerned about reports that the agency objected to a proposed rule from the Commerce Department that would have further restricted foreign sales to Huawei. The senators asked the Defense Department to provide information within 60 days about whether the agency objected to the rule, its rationale for doing so and how its objection impacts the agency’s “simultaneous attempts” to prevent allies to reject Huawei technology.

The Treasury’s Office of Foreign Assets Control reached a $1.125 million settlement with Eagle Shipping International for 36 violations of U.S. sanctions against Burma, OFAC said in a Jan. 27 notice. The ship management company, which has headquarters in Connecticut, illegally transported “sea sand” for Myawaddy Trading Limited, a company on OFAC’s Specially Designated Nationals List, the notice said. Eagle Shipping allegedly provided transportation services from Burma to Singapore for a “land reclamation project” for Myawaddy that involved transactions worth about $1.8 million.

More countries will try to operate separately from the U.S. financial system in an attempt to trade without fear of penalties from the U.S.’s wide-ranging sanctions regimes, sanctions experts said. Although some countries have struggled to operate outside the U.S. dollar -- such as Venezuela and Cuba -- better positioned countries may find success in the future, the experts said.

The Commerce Department withdrew a proposed rule that would have further restricted foreign sales to Huawei that contain U.S.-origin goods, according to a Jan. 24 report in The Wall Street Journal. Commerce officials withdrew the rule from the Office of Management and Budget after objections from both the Defense and Treasury departments over concerns that the rule could hurt U.S. companies and U.S. national security interests, the report said. The Pentagon specifically voiced concerns that the rule could deprive U.S. companies of an important source of revenue they need for research and development to maintain a technological edge over China, the report said. The rule would have lowered the U.S.-origin threshold on exports to Huawei to 10 percent, but required the State, Commerce, Defense and Energy departments to approve with input from the Treasury, the report said.

There will be more trade uncertainty in 2020 than in 2019 despite a phase one deal with China, trade experts said during a Jan. 22 panel hosted by the Center for Strategic and International Studies. As trade tensions with Europe come to the foreground and as the U.S. potentially negotiates a more comprehensive deal with Japan, one expert said, the administration will not have enough time and resources to start on phase two of the deal with China as it tries to implement the first phase. Another panelist said the U.S. and China will likely come to a “narrow” phase two deal as the election approaches, but that deal will not provide relief for the international trade environment.

Twenty states and Washington, D.C., sued the State and Commerce departments and asked a court to vacate the Trump administration's recently released final rules to transfer gun export controls to Commerce. The rules, scheduled to take effect March 9 (see 2001170030), will transfer export control authority from the State Department to Commerce for a range of firearms, ammunition and other defense items. The lawsuit said the rules will create a dangerous lack of oversight over technology and software used for the 3D printing of guns, and violates federal “notice-and-comment procedures” and the Arms Export Control Act.

The Directorate of Defense Trade Controls issued a Jan. 23 guidance on the final rules for the transfer of gun export controls from the State Department to the Commerce Department, including a clarification on license submissions during the transition period. The guidance also clarifies how the rules and transition period affect technical assistance agreements, manufacturing license agreements, reporting requirements, commodity jurisdiction determinations and regulatory oversight responsibilities. The rules -- which were published Jan. 23 and transfer export control authority from the State Department to Commerce for a range of firearms, ammunition and other defense items -- will take effect March 9 (see 2001170030).

Most aspects of the United Kingdom’s trading environment will remain the same for U.K. companies during the Brexit transition period, according to Kevin Shakespeare, director of stakeholder engagement at the Institute of Export and International Trade. But there are some important developments companies should monitor, including a changing trade relationship with Ireland, preparing for new customs procedures and an unclear environment surrounding origin of goods. Perhaps most importantly, Shakespeare said, U.K. traders need to maintain communication with customers, suppliers and stakeholders to retain their confidence during the transition period.