Recently, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced the issuance of a $300 million penalty against Seagate Technology LLC and its Singapore affiliate, Seagate Singapore
Continue Reading BIS Levies Record Penalty for Export Control Violations related to Huawei ShipmentsU.S. Adds 38 New Huawei Affiliates to Entity List While Again Expanding Foreign-Produced Direct Product Rule
The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) has announced that it is further restricting access by Huawei Technologies Co. Ltd. and its designated non-U.S. affiliates (“Huawei”) to U.S.-produced technology and software. As we have previously discussed, BIS first added Huawei to its Entity List on May 15, 2019 and has continued to impose additional export restrictions on Huawei under the U.S. Export Administration Regulations (“EAR”). Most recently, BIS published a Federal Register notice to implement the following enhancements. Although BIS published this Federal Register notice on August 20, 2020, the following rule changes took effect retroactively as of August 17, 2020:
Continue Reading U.S. Adds 38 New Huawei Affiliates to Entity List While Again Expanding Foreign-Produced Direct Product Rule
UK to Ban Huawei Equipment from its 5G Network While U.S. Announces Visa Restrictions
On July 14, 2020, the United Kingdom announced that it will ban Huawei Technologies, Co. Ltd. (“Huawei”) equipment from its 5G network. Effective December 31, 2020, Telecoms operators in the
Continue Reading UK to Ban Huawei Equipment from its 5G Network While U.S. Announces Visa Restrictions
BIS Allows U.S. Companies to Work with Huawei on Standards
The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a notice in the Federal Register announcing a rule change effective June 18, 2020, which amends the Export
Continue Reading BIS Allows U.S. Companies to Work with Huawei on Standards
BIS Extends Huawei TGL While Also Restricting Supply of Foreign-Produced Items to Huawei and Affiliated Entities
On May 15, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced two new rules changes directed at Chinese telecommunications giant Huawei Technologies Co., Ltd. (“Huawei”).
Continue Reading BIS Extends Huawei TGL While Also Restricting Supply of Foreign-Produced Items to Huawei and Affiliated Entities
BIS Renews Huawei Temporary General License and Requests Comments on Future Renewals
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced the issuance of yet another extension of the temporary general license (TGL) allowing companies to continue business with
Continue Reading BIS Renews Huawei Temporary General License and Requests Comments on Future Renewals
Trump Administration Grants 90-Day Extension of TGL for Companies Doing Business with Huawei
The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced on Monday, November 18, 2019 the issuance of a new 90-day extension which will allow U.S. companies to
Continue Reading Trump Administration Grants 90-Day Extension of TGL for Companies Doing Business with Huawei
BIS Extends Huawei Temporary General License with Major Changes and Adds New Affiliates to Entity List
In May of 2019, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) added Chinese telecommunications giant Huawei Technologies Co. Ltd. (“Huawei”) and sixty-eight of its affiliated companies to BIS’s Entity List. These designations prohibit anyone, anywhere in the world from exporting, re-exporting or making an in-country transfer of “items subject to the EAR” to the listed Huawei Companies (“Items subject to the EAR” generally consist of US-origin commodities, software or technology, items produced outside the US which include qualifying US-origin content and items that are physically present in or transiting through the US). Shortly after making these designations, BIS issued a Temporary General License which authorized limited ongoing transactions with Huawei to support existing networks and Huawei equipment and handsets.
Continue Reading BIS Extends Huawei Temporary General License with Major Changes and Adds New Affiliates to Entity List
Trump Administration and BIS Announce Willingness to Issue Huawei Export Licenses; Criteria for Issuing Such Licenses Still Unclear
As previously reported in our International Trade Insights blog, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added Chinese telecommunications giant Huawei Technologies Co. Ltd. (“Huawei”) and sixty-eight of its affiliate companies to the BIS Entity List effective May 16, 2019. This designation prohibits anyone inside or outside of the United States from exporting, re-exporting or making an in-country transfer of commodities, software or technology that is subject to the U.S. Export Administration Regulations (“EAR”) to any of the listed Huawei companies without an appropriate license from BIS. Commodities, software and technology are “subject to the EAR” when they are of U.S. origin (regardless of whether they are located inside or outside the U.S.), physically present in the U.S., moving in transit through the U.S. or produced outside of the U.S. with qualifying amounts of controlled U.S.-origin content. The BIS designations for these Huawei companies require BIS to evaluate any license applications according to a general presumption of denial. BIS has also issued a Temporary General License (covered here in the International Trade Insights blog) which authorizes limited transactions with Huawei Entity List companies under certain contracts that existed on or before May 16, 2019. This Temporary General License is currently scheduled to expire on August 19, 2019.
Continue Reading Trump Administration and BIS Announce Willingness to Issue Huawei Export Licenses; Criteria for Issuing Such Licenses Still Unclear
BIS Issues Temporary General License on Certain Existing Huawei Products
Today, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has published a Temporary General License for specific, limited engagement in transactions with Huawei Technologies Co., Ltd. and its sixty-eight non-U.S. affiliates which were added to the BIS Entity List effective May 16, 2019. (See our previous post here). The license is intended to allow Huawei and its affiliates to work temporarily with U.S. companies to continue to support current customers, headsets and to release software updates for existing hardware.
Continue Reading BIS Issues Temporary General License on Certain Existing Huawei Products
Huawei Targeted by Entity List Designation and Executive Order
On Wednesday, May 15, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced in a press release that it would add Huawei Technologies Co. Ltd. (“Huawei”) and additional Huawei affiliates to BIS’s Entity List. BIS’s initial press release stated that this designation would become effective upon its publication in the Federal Register (which is scheduled for May 21, 2019). However, a copy of the designation action posted in the Federal Register Public Inspection List on Thursday, May 16, 2019 stated that the designation would take effect on its May 16 Public Inspection List display date. BIS explained that it is making this designation because it determined that “[T]here is reasonable cause to believe that Huawei has been involved in activities contrary to the national security or foreign policy interests of the United States.” Among other reasons, BIS specifically cited Huawei’s Superseding Indictment in the US District Court for the Eastern District of New York for violating US sanctions against Iran.
Continue Reading Huawei Targeted by Entity List Designation and Executive Order