The U.S. Export-Import Bank focused on 5G during a teleconference on May 14 as part of its “Strengthening American Competitiveness” initiative. Chair Kimberly Reed said EXIM’s goal is that at least $27 billion of the bank’s funds be dedicated to exports that compete directly with China. “For us to be successful … it’s going to be critical for us to achieve tangible results in the form of completed deals that help specific businesses here in America generate exports and support U.S. jobs,” said Senior Vice President-Program on China and Transformational Exports David Trulio: “Economic security is national security.”
The Drug Enforcement Administration is proposing to list para-methoxymethamphetamine (PMMA), a drug similar to methylenedioxymethamphetamine (MDMA) that is also sold as “ecstasy,” as a schedule I substance under the Controlled Substances Act. “If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess), or propose to handle PMMA,” DEA said. Comments are due June 15.
Export license applications may be delayed during the COVID-19 pandemic as the Commerce Department prioritizes COVID-19-related applications, a top Commerce official said. Not all government agencies have remote access to Commerce’s unclassified system for license applications, which is also causing longer processing times, said Matt Borman, Commerce’s deputy assistant secretary for export administration.
China adopted new cybersecurity review measures that may impact purchases of foreign technology, according to an unofficial translation of an April 27 notice from China’s Cyberspace Administration. The rules, which will take effect June 1, require certain “critical information infrastructure operators” to undergo a review when importing goods that may impact China’s national security, the notice said. That review includes the submission of a “declaration form,” an “analysis report” on the impact of the purchase on China’s national security, procurement documents and “other materials,” China said. The review will “generally” be completed in 45 days. The rules could place foreign technology products at a “disadvantage” in the Chinese market, according to an April 27 report in The Wall Street Journal. Industry is also worried the review procedure could justify excluding U.S. businesses from Chinese supply chains, the report said.
Eight House Republicans have joined to introduce a bill that would require the U.S. trade representative to submit a report to Congress on how World Trade Organization agreements will be fully implemented. In a press release announcing the bill's introduction on April 24, Rep. Ted Yoho, R-Fla., said: “For too long the United States, and the world, has turned a blind eye to much of China’s unfair practices in business and trade, and it has been the American producer and consumer who has paid the price. It’s time the United States and the global community assert their rights under WTO rules to hold China accountable for its behavior on the world stage and ensure a level playing field for all.” He said his bill would prevent China and other high-income nations from receiving special and differential treatment as developing nations. However, under current WTO rules, countries must willingly give up developing nation status; there is no way to force them to leave that status.
As industry sees an increase in parties invoking force majeure clauses (see 2002140027) due to the COVID-19 pandemic response measures, courts will more closely review force majeure disputes to determine whether companies are simply trying to escape a difficult economic situation, commercial litigation lawyers said. Before invoking the clause, parties should make sure compliance with their contracts is impossible due to the pandemic. “The courts … are going to be very astute to look for people trying to use COVID-19 as a force majeure excuse where actually the contract was just not economic for them anyway,” Sean Upson, a lawyer with U.K.-based Stewarts law firm, said during an April 9 webinar.
The COVID-19 pandemic may lead to an increase in electronic trade documentation as both governments and industries are increasingly forced to communicate online, said Kevin Shakespeare, director of stakeholder engagement at the Institute of Export and International Trade. Although there has already been a global shift toward online customs and trade procedures, the coronavirus spread may cause that process to speed up, Shakespeare said during a March 26 webinar hosted by the institute.
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet April 15, remotely, beginning at 1 p.m., CBP said in a notice. Comments are due in writing by April 14.
European Union countries should closely monitor attempts to acquire European medical goods and technology through foreign direct investment and should increase investment screening tools, the European Commission said March 25. The EU’s “openness to foreign investment” needs to be “balanced by appropriate screening tools … now more than ever,” the commission said in guidelines to EU member states. The commission urged member states to be “vigilant” and “use all tools available … to avoid that the current crisis leads to a loss of critical assets and technology.”
In an annual report about China's compliance with its World Trade Organization commitments, the U.S. trade representative repeated complaints from last year's report (see 1902050024) about how U.S. imports are treated by Chinese customs authorities.