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 10,000 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 and Elina Tsapouri.
We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOE/NRC, DOJ/ATF, DoD/DSS, DoD/DTSA, FAR/DFARS, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations. Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items. To subscribe, click here.
Last week’s highlights of The Daily Bugle included in this edition are:
- UK ECJU: “OGELs For Export After Repair/Replacement Under Warranty – Military Goods”; Tuesday, 8 Jun 2021; Item #7
- Commerce/BIS: “EAR – Termination of United Arab Emirates Participation in the Arab League Boycott of Israel”; Wednesday, 9 Jun 2021; Item #1
- State/DDTC: “International Traffic in Arms Regulations: Notification of Temporary Suspensions, Modifications, and Exceptions to Regulations”; Thursday, 10 Jun 2021; Item #2
- White House Executive Order: “Protecting Americans’ Sensitive Data From Foreign Adversaries”; Friday, 11 Jun 2021; Item #1
- EU: “European Union Regime for the Control of Exports, Brokering, Technical Assistance, Transit and Transfer of Dual-Use Items”; Friday, 11 Jun 2021; Item #5
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UK ECJU: “OGELs For Export After Repair/Replacement Under Warranty – Military Goods”
(Source: UK ECJU, 7 Jun 2021)
Licences for the export of military goods which have been imported into the UK for repair or replacement under warranty.
These licences have been amended to correct an error in the list of goods covered by these licences.
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Commerce/BIS: “EAR – Termination of United Arab Emirates Participation in the Arab League Boycott of Israel”
(Source: Federal Register, 9 Jun 2021) [Excerpts]
86 FR 30535: Rule
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to reflect the formal termination by the United Arab Emirates (UAE) of its participation in the Arab League Boycott of Israel. Specifically, in recognition of the UAE’s August 16, 2020 issuance of Federal Decree-Law No. 4 of 2020, certain requests for information, action or agreement from the UAE, which were presumed to be boycott-related if made prior to August 16, 2020, would not be presumed to be boycott-related if made following that date, and thus would not be prohibited or reportable under the EAR. Accordingly, BIS adds an interpretation to the Restrictive Trade Practices or Boycotts regulations of the EAR, which sets forth BIS’s view that the prohibitions and reporting requirements contained in the EAR’s antiboycott provisions do not apply to such requests from the UAE made after August 16, 2020.
* DATES: This rule is effective June 8, 2021.
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State/DDTC: “International Traffic in Arms Regulations: Notification of Temporary Suspensions, Modifications, and Exceptions to Regulations”
(Source: Federal Register, 10 Jun 2021) [Excerpts]
86 FR 30778: Rule
* AGENCY: State/DDTC
* ACTION: Extension of temporary suspensions, modifications, and exceptions.
* SUMMARY: DDTC notes that the text of the temporary suspensions, modifications, and exceptions below differs slightly from that of the prior two documents in that specific reference to Russia has been removed from the clause “so long as the individual is not located in a country listed in ITAR § 126.1.” By rulemaking of March 18, 2021, DDTC amended ITAR § 126.1 to include Russia (86 FR 14802), thereby making specific reference here unnecessary.
Pursuant to ITAR §§ 126.2 and 126.3, in the interest of the security and foreign policy of the United States and as warranted by the exceptional and undue hardships and risks to safety caused by the public health emergency related to the SARS-COV2 pandemic, notice is provided that the following temporary suspensions, modifications, and exceptions are being extended as follows:
(1) As of March 13, 2020, a temporary suspension, modification, and exception to the requirement that a regular employee, for purposes of ITAR § 120.39(a)(2), work at the company’s facilities, to allow the individual to work at a remote work location, so long as the individual is not located in a country listed in ITAR § 126.1. The Department will terminate this suspension, modification, and exception by publication of a document in the Federal Register.
(2) As of March 13, 2020, a temporary suspension, modification, and exception to authorize regular employees of licensed entities who are working remotely in a country not currently authorized by a technical assistance agreement, manufacturing license agreement, or exemption to send, receive, or access any technical data authorized for export, reexport, or retransfer to their employer via a technical assistance agreement, manufacturing license agreement, or exemption so long as the regular employee is not located in a country listed in ITAR § 126.1. The Department will terminate this suspension, modification, and exception by publication of a document in the Federal Register. . . .
* DATES: This document is issued June 10, 2021…
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White House Executive Order: “Protecting Americans’ Sensitive Data From Foreign Adversaries”
(Source: 83 Federal Register 32423, 11 June 2021) [Excerpts]
Executive Order 14034 of June 9, 2021: Protecting Americans’ Sensitive Data From Foreign Adversaries
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America, find that it is appropriate to elaborate upon measures to address the national emergency with respect to the information and communications technology and services supply chain that was declared in Executive Order 13873 of May 15, 2019 (Securing the Information and Communications Technology and Services Supply Chain). . . . .
Accordingly, it is hereby ordered that:
Section 1. Revocation of Presidential Actions. The following orders are revoked: Executive Order 13942 of August 6, 2020 (Addressing the Threat Posed by TikTok, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain); Executive Order 13943 of August 6, 2020 (Addressing the Threat Posed by WeChat, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain); and Executive Order 13971 of January 5, 2021 (Addressing the Threat Posed by Applications and Other Software Developed or Controlled by Chinese Companies).
Sec. 2. Implementation.
(a) The Director of the Office of Management and Budget and the heads of executive departments and agencies (agencies) shall promptly take steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing Executive Orders 13942, 13943, or 13971, as appropriate and consistent with applicable law, including the Administrative Procedure Act, 5 U.S.C. 551 et seq. In addition, any personnel positions, committees, task forces, or other entities established pursuant to Executive Orders 13942, 13943, or 13971 shall be abolished, as appropriate and consistent with applicable law.
(b) Not later than 120 days after the date of this order, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence, and the heads of other agencies as the Secretary of Commerce deems appropriate, shall provide a report . . . .
(c) Not later than 180 days after the date of this order, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and the heads of other agencies as the Secretary of Commerce deems appropriate, shall provide a report . . . .
(d) The Secretary of Commerce shall evaluate on a continuing basis transactions involving connected software applications that may pose an undue risk . . . .
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EU: “European Union Regime for the Control of Exports, Brokering, Technical Assistance, Transit and Transfer of Dual-Use Items”
(Source: EUR-Lex, 11 Jun 2021)
A new EU export regulation has been published HERE in the Official Journal of the European Union:
REGULATION (EU) 2021/821 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast) This Regulation shall enter into force on the ninetieth day following that of its publication in the Official Journal of the European Union.