Indian companies are growing increasingly frustrated with restrictive Chinese market access, leading to a more competitive relationship between India and China and a closer Indian alignment with U.S. policies toward China, a trade expert said. However, although India shares U.S. concerns over China, it disagrees with the U.S.’s approach, preferring to engage with countries such as China and Russia diplomatically rather than impose sanctions on them, the expert said.
Export Compliance Daily is providing readers with some of the top stories for Nov. 18-22 in case you missed them.
The Department of State published its 2019 fall agenda, including a new mention of an amendment to Category XVI of the U.S. Munitions List for Nuclear Weapons Related Articles. The change will “better harmonize” the State Department’s rules with the Department of Energy’s part 810 regulations. The rule will also ensure that items that provide the U.S. with “critical military or intelligence advantages” are listed on the USML and “remain subject to … export controls at all times.” The State Department plans to issue the rule in December.
Apple was fined about $465,000 for violations of the Foreign Narcotics Kingpin Sanctions Regulations after it hosted, sold and “facilitated the transfer” of software applications and content belonging to a sanctioned company, the Treasury’s Office of Foreign Assets Control said in a Nov. 25 notice. Apple allegedly dealt in “the property and interests” of SIS d.o.o., a Slovenian software company added to OFAC’s Specially Designated Nationals List in 2015.
The Department of Commerce published its fall 2019 regulatory agenda for the Bureau of Industry and Security. The agenda includes a new mention of its intent to potentially control certain additive manufacturing equipment, or 3D printing, used in “energetic materials” as part of BIS’s effort to restrict sales of emerging technologies (see 1911210051). The notice of proposed rulemaking aims to gather feedback from industries while “discussions are ongoing” at the Wassenaar Arrangement. BIS said it aims to issue the proposed rule in November.
Geneva is growing increasingly frustrated with the United States’ approach to the looming deadline of the dissolution of the World Trade Organization’s dispute settlement body, a former member of the body said. Although there are ways for the U.S. and WTO members to ensure the appellate body continues to operate, trade experts said they are skeptical much will get done before the Dec. 10 deadline, throwing the international rules-based trading system into question.
The U.S. and the European Union would recognize each other’s product testing across a variety of sectors including electronics, toys, machinery and measuring instruments, under a proposed agreement released by the EU on Nov. 22. “The EU proposal seeks an agreement, under which the EU and the U.S. would accept the conformity assessment results of each other’s assessment bodies, certifying products against the legal requirement of the other side. This would enable exporters to seek certification of their products in their originating country,” the European Commission said in a press release.
A bipartisan group of senators asked the Commerce Department to reverse its decision to approve Huawei-related export licenses (see 1911200041), saying the move poses significant national security risks. The senators, led by Sens. Chuck Schumer, D-N.Y., and Tom Cotton, R-Ark., said in a Nov. 21 letter to President Donald Trump that they are “concerned that the approval of additional, more permanent licenses will allow Huawei to fully resume its engagement with certain U.S. firms without an adequate assessment of the risks to national security.”
The Commerce Department will likely seek multilateral support for upcoming export controls on additive manufacturing of metals, said Sean Ghannadian, a Bureau of Industry and Security official and part of Commerce’s Wassenaar Arrangement group. Commerce is also moving toward controlling certain ceramic coating technologies as part of the agency’s effort to identify and restrict sales of emerging technologies (see 1911200045), Ghannadian said.
The Commerce Department Bureau of Industry and Security finalized some interagency reviews of Huawei license applications and will begin issuing approvals and denials on a “rolling basis,” according to Matt Borman, Commerce deputy assistant secretary for export administration. The announcement was first made by Secretary Wilbur Ross, who told Fox Business on Nov. 19 that Commerce has started “to send out the 20-day intent-to-deny letters and some approvals.” Ross also said Commerce has received about 290 “requests for specific licenses.”