Every Monday we post the highlights out of last week’s FCC Export/Import Daily Update (“The Daily Bugle”). Send out every business day to approximately 8,500 readers of changes to defense and high-tech trade laws and regulations, The Daily Bugle is a free daily newsletter from Full Circle Compliance, edited by James E. Bartlett III, Salvatore Di Misa, and Elina Tsapouri.
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Last week’s highlights of The Daily Bugle included in this edition are:
- Treasury/OFAC: “Statement on ByteDance and TikTok by Treasury Spokesperson Monica Crowley”; Monday, 16 Nov 2020; Item #7
- Treasury/OFAC: “Issuance of Executive Order on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies”; Monday, 16 Nov 2020; Item #1
- Commerce/BIS: “Revisions to Export Enforcement Provisions”; Wednesday, 18 Nov 2020; Item #7
- UK ECJU Updates Guidance for Service and performance Code for Export Licensing”; Thursday, 19 Nov 2020; Item #7
- EU Commission: “2020 Export Control Forum – Virtual Meeting, 11 Dec”; Friday, 20 Nov 2020; Item #4
Treasury/OFAC: “Statement on ByteDance and TikTok by Treasury Spokesperson Monica Crowley”
(Source: Treasury/OFAC, 13 Nov 2020)
The President’s August 14 Order requires ByteDance and TikTok Inc. to undertake specific divestments and other measures to address the national security risk arising from ByteDance’s acquisition of Musical.ly. Consistent with the Order, the Committee on Foreign Investment in the United States (CFIUS) has granted ByteDance a 15-day extension of the original November 12, 2020 deadline. This extension will provide the parties and the Committee additional time to resolve this case in a manner that complies with the Order.
The President’s August 6 Order is separate from his August 14 Order and addresses risks to U.S. national security by prohibiting specified transactions with ByteDance or its subsidiaries pursuant to the President’s authority under the International Emergency Economic Powers Act. The current status of the Department of Commerce’s implementation of the August 6 Order can be found here.
Treasury/OFAC: “Issuance of Executive Order on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies”
(Source: Treasury/OFAC, 13 Nov 2020)
The President has issued an Executive Order, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.”
Commerce/BIS: “Revisions to Export Enforcement Provisions”
(Source: Federal Register, 18 Nov 2020) [Excerpts]
85 FR 73411: Final Rule
* ACTION: Final rule.
* SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) is amending and clarifying certain provisions of the Export Administration Regulations (EAR) to promote compliance with existing EAR requirements and implement the export enforcement portions of the Export Control Reform Act of 2018 (ECRA). ECRA affirmed existing authorities under the EAR and provided expanded export control authorities to the Secretary of Commerce (Secretary). BIS is also amending certain provisions of the EAR not strictly related to the implementation of ECRA concerning the issuance of licenses and denial orders and the payment of civil penalties.
* DATES: This rule is effective November 18, 2020.
* FOR FURTHER INFORMATION CONTACT: John Sonderman, Director, Office of Export Enforcement, Bureau of Industry and Security, Phone: (202) 482-5079, Email: EEinquiry@bis.doc.gov.
UK ECJU Updates Guidance for Service and performance Code for Export Licensing”
(Source: UK ECJU, 18 Nov 2020)
This Guidance sets out the government’s service delivery objectives, commitments and targets for management of export licensing applications.
The Department for International Trade (DIT) has overall responsibility for the export licensing process.
The International Trade Secretary is ultimately responsible for the:
- statutory and regulatory framework of the controls (that is what items and activities are controlled)
- decision to grant or refuse an export licence in any individual case
In exercising these powers, the International Trade Secretary always consults with other government departments (OGDs).
In March 1998 the Cabinet Office published the Enforcement Concordat. This sets out the level of service and performance that businesses and others being regulated can expect from central and local government.
This service and performance code refers to or complies with the Concordat.
- the government’s commitments to exporters with respect to the controls that are administered by the Export Control Joint Unit (ECJU)
- the basic elements of the export licensing system
EU Commission: “2020 Export Control Forum – Virtual Meeting, 11 Dec”
(Source: European Commission, 20 Nov 2020)
The European Commission and the German Presidency of the Council will hold the 2020 Annual Export Control Forum, in a virtual format, on 11 December 2020.
The 2020 Export Control Forum will provide an opportunity for experts from EU Member States and the European Parliament, industry, academia and civil society to review and discuss ongoing export control developments in the EU and globally, including prospects for a new EU regulation to take effect in 2021.
The 2020 Export Control Forum will be opened by representatives of the Commission, the Presidency of the Council and the European Parliament, and will convene selected panels of experts, to be followed by virtual dialogue with the stakeholders.
The event will be web-streamed. Connection details will be provided to the registered participants. More information on the agenda and the registration for this event will follow.