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The Daily Bugle Weekly Highlights: Week 24 (14-18 Jun 2021)

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:

  1. EU Commission Publishes Regulation 2021/821 for Export Controls of Dual Use Items; Monday, 14 Jun 2021; Item #5
  2. UK ECJU: “Notice to Exporters 2021/07: Licences For Strategically Controlled Items”; Monday, 14 Jun 2021; Item #7
  3. Commerce/BIS Amends EAR with Removal of Entity from the Entity List; Wednesday, 16 Jun 2021; Item #1
  4. Canada TID: “Amendment to Canada’s Export Control List”; Wednesday, 16 Jun 2021; Item #6
  5. EU Commission: “EU and US Take Decisive Step to End Aircraft Dispute”; Wednesday, 16 Jun 2021; Item #7

 

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EU Commission Publishes Regulation 2021/821 for Export Controls of Dual Use Items

(Source: European Commission)

 

The Regulation 2021/821 for the export control of dual use items has been published. It will enter into force on 9 September 2021.

 

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UK ECJU: “Notice to Exporters 2021/07: Licences For Strategically Controlled Items”

(Source: UK ECJU, 11 Jun 2021)

 

This notice addresses certain issues regarding some shipments of dual-use items that require export authorisation.

NTE 2021/07: licences for strategically controlled items.

 

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Commerce/BIS Amends EAR with Removal of Entity from the Entity List

(Source: Federal Register, 16 Jun 2021) [Excerpts]

 

86 FR 31909: Rule

* AGENCY: Bureau of Industry and Security, Commerce.

* ACTION: Final rule.

* SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing one entity located under two entries from the Entity List under the destinations of France and the United Arab Emirates (UAE). These removals from the Entity List are made in connection with a request for removal that BIS received pursuant to the EAR and a review of information provided in the request.

* DATES: This rule is effective June 15, 2021.

 

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Canada TID: “Amendment to Canada’s Export Control List”

(Source: Canada TID)

 

Incorporating international commitments made until December 2020 and streamlining the process to incorporate future international commitments

On June 3, 2021, the Government of Canada finalized the regulatory process to amend the Export Control List (ECL) to incorporate the latest version of “A Guide to Canada’s Export Control List” (the Guide). The new version of the Guide will bring into force the commitments Canada has made in the various multilateral export control regimes up to December 31, 2020.

The current December 2018 version of the Guide remains in effect until July 23, 2021. Registered users of the Export Controls On-Line (EXCOL) electronic permitting system will receive an email message with a link to the new Guide when the amended Export Control List is published in Canada Gazette Part II on June 23, 2021. They will receive a follow-up email on July 23, 2021 to advise that the December 2020 version the Guide will enter into force the following day. This will provide EXCOL users with 30 days to become familiar with the updated controls.

To see a summary of key changes made to the December 2020 edition visit: Summary of key changes made to A Guide to Canada’s Export Control List. …

 

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EU Commission: “EU and US Take Decisive Step to End Aircraft Dispute”

(Source: European Commission, 16 Jun 2021)

 

European Commission Executive Vice-President Valdis Dombrovskis and US Trade Representative Katherine Tai reached an understanding relating to large civil aircraft, transforming almost 17 years of disputes into a forward-looking, collaborative platform to address bilateral issues as well as global challenges.

Both sides will now seek to overcome long-standing differences in order to avoid future litigation and preserve a level playing field between our aircraft manufacturers and will also work to prevent new differences from arising.

The EU and the US also agreed to suspend application of harmful tariffs worth of USD 11.5 billion for a period of five years that hurt companies and people on both sides of the Atlantic.

The two sides will collaborate on jointly analysing and addressing non-market practices of third parties that may harm our large civil aircraft sectors.   

Under the Understanding on a cooperative framework for Large Civil Aircraft, the two sides expressed their intention to:

  • establish a Working Group on Large Civil Aircraft led by each side’s respective Minister responsible for Trade;
  • provide financing to large civil aircraft producers on market terms;
  • provide R&D funding through an open and transparent process and make the results of fully government funded R&D widely available, to the extent permitted by law;
  • not to provide R&D funding as well as specific support (such as specific tax breaks) to their own producers that would harm the other side;
  • collaborate on addressing non-market practices of third parties that may harm their respective large civil aircraft industries, and;
  • continue to suspend application of their countermeasures, for a period of 5 years, avoiding billions of euros in duties for importers on both sides of the Atlantic.
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