The Bureau of Industry and Security on Nov. 12 issued a new 16-page guidance on its recently issued export controls on certain cybersecurity items, which take effect Jan. 19 (see 2110200036). The guidance includes 29 frequently asked questions on how the items will be controlled, how BIS defines certain control terms, when licenses are required for cybersecurity exports and more. The FAQs also define the term “government end-user” under new License Exception Authorized Cybersecurity Exports (ACE), and list situations when a license requirement is triggered for cybersecurity exports, when universities may need a license for teaching and training, and when certain carve-outs apply.
Although the Bureau of Industry and Security's new export controls on cybersecurity items are intended to restrict only malicious exports, they could place wide-ranging compliance burdens on the entire cybersecurity sector, law firms said. Technology companies and others operating in the sector still have time to convince BIS to narrow the scope of the rule, which takes effect in January but contains several “ambiguities,” firms said.
The Bureau of Industry and Security will issue new export controls on certain cybersecurity items and create a new license exception for those exports, BIS said in an interim final rule released Oct. 20. The rule, which will align U.S. cybersecurity restrictions with controls previously agreed to at the multilateral Wassenaar Arrangement, will establish more restrictions on certain items that can be used for “malicious cyber activities” by imposing a license requirement for shipments to certain countries, BIS said. The changes take effect Jan. 19, and BIS will accept public comments until Dec. 6.
CBP will no longer classify shipments of certain used vehicles from the U.S. to Puerto Rico as exports, CBP said in an Aug. 24 message. Although the change will eliminate some filing requirements, others will remain, including certain Electronic Export Information filings.
CBP plans to add features in ACE during this fall to allow for a connection between the Automated Export System and the national Vehicle Title Information System, the agency said in an updated ACE deployment schedule. “The enhancement enables CBP to access all information on the vehicle from one data query in AES,” the agency said. CBP has said a lack of automation related to automobile exports makes it harder for CBP to target criminal enterprises that often make use of fake titles (see 1903070027). CBP also aims to deploy the Global Business Identifier in cargo release in the winter of 2022, it said. “This enhancement will replace the Manufacturing Identification Code (MID), producing a unique identifier that captures complete data on shipper/seller and manufacturer information; eliminating duplicate MIDs and multiple companies being assigned the same MID.”
Descartes Systems acquired QuestaWeb, Descartes said in a March 1 news release. Descartes said paid about $36 million with cash on hand for the company, a trade management software company and ACE developer. “In today’s complex and dynamic regulatory environment, technology is crucial to ensure that supply chains are compliant and efficient at each step along the way,” said Ken Wood, executive vice president-product management at Descartes. “The addition of QuestaWeb’s FTZ solution brings an important capability to our Global Logistics Network and will help our customers manage the entire foreign-trade zone process, allowing them to minimize duties, fees and taxes while remaining compliant with CBP regulations.” Descartes has made several acquisitions in recent years (see 1901280021 and 1612280024).
The Census Bureau updated the Schedule B and Harmonized Tariff Schedule tables in the Automated Export System to “accept changes” to the new Jan. 1 codes, the Census Bureau said in a Dec. 30 email. Census said AES will accept shipments with “outdated codes” during a 30-day grace period beyond the Dec. 31 expiration date, but reporting an outdated code after the grace period will result in a “fatal error.” Census also said it updated the Automated Commercial Environment AESDirect program with the 2021 codes, adding the program will also accept outdated codes during the grace period.
More companies are seeking drawback payments as the economic slowdown has increased the importance of cash on hand, CBP officials and industry executives said during the American Association of Exporters and Importers virtual conference Aug. 20. “In general, I would say COVID's had a major impact on our businesses and it's also made our company even more focused on getting cash in the door,” said Kathleen Palma, senior executive for international trade compliance at GE. “One of the levers that our leadership has been looking at has been drawback.” At the same time, Palma expects that because the company is bringing in fewer shipments, that will be reflected in fewer drawback claims going forward.
In calls hosted by CBP on the last day of NAFTA, and the first day of USMCA, trade professionals were anxious to understand what they should change in paperwork.
Importers may want to delay filing for U.S.-Mexico-Canada Agreement reconciliation because the USMCA currently doesn't allow for post-entry refunds of merchandise processing fees, CBP officials said during a National Association of Foreign-Trade Zones webinar on June 16. Maya Kamar, CBP director for textiles and trade agreements, said that although the Office of the U.S. Trade Representative is working with Congress for a legislative fix to the issue, CBP doesn't yet have clarity on whether such a bill will pass (see 2006050034).