The COVID-19 pandemic is causing “significant disruption” for the Wassenaar Arrangement, leading to the cancelation of at least one meeting and creating uncertainty about whether the group can remotely vote on new export controls, two Commerce Department officials said. Wassenaar was forced to cancel its April Experts Group meeting -- which normally addresses issues related to its lists of controlled items -- and is unsure if global travel restrictions will force cancellations of future meetings in June and its annual plenary session in December.
The Commerce Department has drafted a regulation that will address the ability of U.S. companies to participate in 5G standards setting bodies involving Huawei, a top Commerce official said. The rule is still being discussed within Commerce and has not yet been cleared for interagency review, Matt Borman, Commerce’s deputy assistant secretary for export administration, said during an April 29 Information Systems Technical Advisory Committee meeting.
The State Department asked for comments on an information collection related to requests to change end-user, end-use or destination of hardware information for exports, according to a notice. The requests, using Form DS-6004, are submitted to the Directorate of Defense Trade Controls before the sale is made. The Office of Management and Budget requested “emergency review and approval” of the collection, the State Department said, adding that comments “must be received” by April 29.
The Non-Proliferation Treaty Review Conference (RevCon), which was expected to include a discussion on export controls on weapons proliferation (see 2003030058), was postponed due to the measures involved in battling the COVID-19 pandemic, according to an April 27 notice from the State Department. The agency said it supports the decision to postpone the conference and will “work constructively with other NPT Parties to maintain and strengthen the Treaty, including at the RevCon when conditions allow it to be held.”
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The Commerce Department Bureau of Industry and Security is working on guidance to help industry comply with the expanded licensing requirements for exports to China announced earlier this week (see 2004270027). The guidance will address new restrictions on exports intended for military users and uses, said Matt Borman, Commerce deputy assistant secretary for export administration. The rule expands the definition for military end-use and will cover military end-users in China, placing more of a compliance burden on industry.
The United Kingdom’s Office of Financial Sanctions Implementation amended a Burma-related sanctions listing, according to an April 27 notice. OFSI updated the listing for Than Oo, who is still subject to an asset freeze. In a related action, the European Union renewed sanctions against Burma for one year until April 30, 2021, according to an April 24 notice.
CBP issued frequently asked questions about exports of personal protective equipment, detailing how exporters submit letters of attestation; how exporters will be notified of held shipments; the resolution process on disagreements surrounding restricted shipments; and more, according to an April 27 CMS message. The guidance comes about one week after the Federal Emergency Management Agency issued 10 exemptions for exports of PPE (see 2004200019). FEMA expects to issue most determinations on PPE shipments within two days (see 2004210022).
The Commerce Department amended the Export Administration Regulations to expand licensing requirements for exports, re-exports and transfers of items intended for military uses in China, Russia and Venezuela, according to a notice. The rule expands the licensing requirements for exports to China to include military end-users as well as military end-uses, broadens the list of items subject to the licensing requirement and review policy, and expands the definition for military end-use. The rule also “creates a new reason for control” and review policy for certain exports to the three countries, and added new Electronic Export Information filing requirements.
The Commerce Department eliminated its license exception for civil end-users (CIV) in an effort to cut exports to countries pursuing civil-military fusion (see 1904260018), the agency said in a notice. The change, which was expected for nearly a year (see 1907180037), will remove authorizations to export certain controlled items to most civil end-users for civil end-uses in Country Group D:1. The change takes effect June 29.