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.
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Last week’s highlights of The Daily Bugle included in this edition are:
- EU Commission Publishes Summary After Public Consultation on EU Compliance Guidance for Research Involving Dual-Use Items; Wednesday, 23 Jun 2021; Item #7
- Commerce/BIS: “Rescission of Identification of Prohibited Transactions With Respect to TikTok and WeChat”; Wednesday, 23 Jun 2021; Item #1
- State Delists Sanctioned Entities; Thursday, 24 Jun 2021; Item #3
- DOJ/ATF Requests Comments on Report of Multiple Sale or Other Disposition of Pistols and Revolvers; Thursday, 24 Jun 2021; Item #2
- Commerce/BISAdds Five Chinese Entities to the Entity List for Participating in China’s Campaign of Forced Labor Against Muslims in Xinjiang; Friday, 25 Jun 2021; Item #3
EU Commission Publishes Summary After Public Consultation on EU Compliance Guidance for Research Involving Dual-Use Items
(Source: European Commission)
Read the summary here.
Commerce/BIS: “Rescission of Identification of Prohibited Transactions With Respect to TikTok and WeChat”
(Source: Federal Register, 23 Jun 2021)
86 FR 32757: Rule
* AGENCY: Office of the Secretary, U.S. Department of Commerce.
* ACTION: Identification of Prohibited Transactions; notification of rescission.
* SUMMARY: Pursuant to Executive Order 14034 of June 9, 2021 (Protecting Americans’ Sensitive Data from Foreign Adversaries), this document confirms that the Secretary of Commerce has rescinded two actions issued under now-revoked Executive Orders: The September 18, 2020 Identification of Prohibited Transactions related to TikTok, published on September 24, 2020, and the September 18, 2020 Identification of Prohibited Transactions related to WeChat filed for public inspection on September 18, 2020 and withdrawn before publication.
* DATES: This rescission was effective June 16, 2021. Effective June 23, 2021, the Department withdraws the Identification of Prohibited Transactions published at 85 FR 60061 on September 24, 2020.
State Delists Sanctioned Entities
(Source: 86 FR 33466, 24 Jun 2021) [Excerpts]
* AGENCY: State Department
Notice of Department of State- Delisting Sanctioned Entities
* SUMMARY: The Secretary of State has determined to terminate the sanctions that were imposed, pursuant to Executive Order (E.O.) 13846, on Aoxing Ship Management (Shanghai) Ltd and Sea Charming Shipping Company Limited and remove those entities from the List of Specially Designated Nationals and Blocked Persons (SDN List) maintained by the Department of the Treasury’s Office of Foreign Assets Control (OFAC).
* DATES: The Secretary of State’s determination and selection of certain sanctions to be imposed upon the two entities identified in the SUPPLEMENTARY INFORMATION section was effective as of March 18, 2020. The Secretary of State’s subsequent termination of sanctions with respect to those entities was effective as of June 10, 2021. . . .
DOJ/ATF Requests Comments on Report of Multiple Sale or Other Disposition of Pistols and Revolvers
(Source: 86 FR 33358, 24 Jun 2021) [Excerpts]
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 60-Day notice
* SUMMARY: The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of Justice (DOJ), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection (IC) OMB 1140-0003 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers-ATF Form 3310.4) is being revised due to an increase in the total respondents, responses, and burden hours. A minor change to update the firearms description columns was made to the form. The proposed IC is also being published to obtain comments from the public and affected agencies. DATES: Comments are encouraged and will be accepted for 60 days until August 23, 2021. …
Commerce/BIS Adds Five Chinese Entities to the Entity List for Participating in China’s Campaign of Forced Labor Against Muslims in Xinjiang
(Source: Commerce/BIS, 24 Jun 2021)
The Department of Commerce’s Bureau of Industry and Security (BIS) added five Chinese entities to the Entity List for accepting or utilizing forced labor in the implementation of the People’s Republic of China’s campaign of repression against Muslim minority groups in the Xinjiang Uyghur Autonomous Region (XUAR). This action targets these entities’ ability to access commodities, software, and technology subject to the Export Administration Regulations (EAR), and is part of a U.S. Government-wide effort to take strong action against China’s ongoing campaign of repression against Muslim minority groups in the XUAR.
The entities to be added to the Entity List in connection with participating in the practice of, accepting, or utilizing forced labor involving Uyghurs and other Muslim minority groups in the XUAR are:
- Hoshine Silicon Industry (Shanshan) Co., Ltd.
- Xinjiang Daqo New Energy Co., Ltd.
- Xinjiang East Hope Nonferrous Metals Co., Ltd.
- Xinjiang GCL New Energy Material Technology Co., Ltd.
- Xinjiang Production and Construction Corps (XPCC)
This Entity List rule supplements other Entity List designations in October 2019, June 2020, and July 2020. Including the rule announced today, these actions have added 53 parties specifically implicated in human rights abuses of ethnic minorities from Xinjiang, and 15 of these which were implicated in human rights abuses related to forced labor of ethnic minorities from Xinjiang.
“As we made clear during this month’s G7 summit, the United States is committed to employing all of its tools, including export controls, to ensure that global supply chains are free from the use of forced labor and technology is not misused to abuse human rights,” said Secretary of Commerce Gina Raimondo. “The Commerce Department will continue to take firm, decisive action to hold China and other perpetrators of human rights abuses accountable.”
The Entity List is a tool utilized by BIS to restrict the export, reexport, and transfer (in-country) of items subject to the EAR to persons (individuals, organizations, companies) reasonably believed to be involved, or to pose a significant risk of becoming involved, in activities contrary to the national security or foreign policy interests of the United States. Additional license requirements apply to exports, re-exports, and transfers (in-country) of items subject to the EAR to listed entities, and the availability of most license exceptions is limited.