The Commerce Department’s Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to remove Venezuela from Country Group B and add it to Country Groups D:1-4, which “lists countries of national security concern” and adds new licensing requirements while restricting the use of certain license exceptions for exports. The changes take effect May 24.

The Commerce Department’s Bureau of Industry and Security is adding five new national security-related technologies to the Export Administration Regulations’ Commerce Control List, according to a notice in the Federal Register. The additions stem from changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies agreed to during the 2018 Plenary meeting, the notice said. The changes add “recently developed or developing technologies” that are “essential” to U.S. national security: “discrete microwave transistors,” “continuity of operation software,” “post-quantum cryptography,” “underwater transducers designed to operate as hydrophones” and “air-launch platforms.” The notice is scheduled for publication and the changes take effect on May 23.

The Department of Justice is working on more ways to reward corporate compliance programs and searching for benefits that extend beyond lenient rulings on violations, said Claire McCusker Murray, the DOJ's principal deputy associate attorney general.

Export Compliance Daily is providing readers with some of the top stories for May 13-17 in case they were missed.

An agricultural exporter recently joined a Supreme Court challenge of the constitutionality of Section 232 duties on steel and aluminum imports. Basrai Farms says the brunt of retaliatory tariffs imposed worldwide in response to the U.S. tariffs has fallen on the agriculture industry, and that the Supreme Court should find Section 232 unconstitutional because President Donald Trump was required to consider these broader effects when imposing the tariffs.

The Trump administration's decision to examine emerging technologies as candidates for export controls could cost U.S. businesses tens of billions of dollars and threaten thousands of jobs, the Information Technology and Innovation Foundation said in a new report. If substantial export controls are enacted, the report warns, firms “could lose $14.1 [billion] to $56.3 billion in export sales over five years, with missed export opportunities threatening from 18,000 to 74,000 jobs.”

The Commerce Department's Bureau of Industry and Security is issuing a general license temporarily allowing certain transactions with Huawei and 68 of its affiliates without new licensing requirements set by their recent addition to the Entity List. The general license is scheduled for publication in the May 22 Federal Register, and will remain in effect from May 20 through Aug. 19.

Canada and Mexico each on May 20 ended their retaliatory tariffs on U.S. goods in response to the end of U.S. Section 232 tariffs on steel and aluminum products from the two countries (see 1905170058). General safeguard duties set by each country remain in place but don’t affect U.S. exports.

U.S. exporters applauded the Trump administration's plans to roll back steel and aluminum tariffs and the decision by both Canada and Mexico to lift retaliatory tariffs.

The Canada Border Services Agency is looking closely at surtax payments due on imports from the U.S. that were required as part of Canada's retaliatory tariffs, a CBSA spokesman said May 17. "The CBSA has been analysing import data and conducting compliance activities to verify that the correct amount of surtax was paid by importers since the summer of 2018," the spokesman said by email. "These activities are continuing on an ongoing basis and additional assessments of surtax owing are issued where appropriate." KPMG recently noted an uptick in CBSA audits on the surtaxes (see 1905130062).