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Exports

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On August 16, 2019, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 19-09] that amends the CBP regulations to reflect the imposition of import restrictions on certain archaeological material from the People’s Democratic Republic of Algeria (Algeria). These restrictions are being imposed pursuant to an agreement between the United States and Algeria that has been entered into under the authority of the Convention on Cultural Property Implementation…

On August 14, 2019, the Office of the US Trade Representative (USTR) posted on its website an advance copy of the Federal Register notice imposing additional duties of 10 percent ad valorem on products of China classified in the tariff subheadings set out in the Annexes to the notice (List 4). The additional 10% duties on the tariff subheadings set out in Annexes A and B to the notice are applicable with respect to products…

On August 15, 2019, the Federal Register published Presidential Notice of August 14, 2019 – Continuation of the National Emergency With Respect to Export Control Regulations, which continues for another year, the national emergency declared in Executive Order 13222 of August 17, 2001 with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States related to the expiration of the Export Administration Act of 1979, as…

The UK government has introduced a new national control on the export of submersible vessels and related equipment, software and technology to Russia, which enters into force on 14 August 2019. The additional control has been introduced for reasons of national security and as a result of Russia developing its capabilities to track, access and disrupt undersea communication cables. Exporters may apply for export licences for controlled items, which will be assessed on a case-by-case…

On August 14, 2019, US Customs and Border Protection (CBP) has published in the Federal Register a final determination concerning the country of origin of mobile device software and server software for purposes of government procurement under the Trade Agreements Act (TAA). Both software products are produced in a four-step process that involves: (1) writing original source code, or modifying open source software code in the United States; (2) writing or modifying source code in…

On August 14, 2019, the Bureau of Industry and Security published in the Federal Register a final rule [Docket No. 190808-0011] that amends the Export Administration Regulations (EAR) by adding seventeen entities, under a total of nineteen entries, to the Entity List (Supplement No. 4 to part 744 of the EAR). These seventeen entities have been determined by the US Government to be acting contrary to the national security or foreign policy interests of the…

On August 14, 2019, the Bureau of Industry and Security published in the Federal Register a notice of inquiry [Docket No. 190215128-9128-01] seeking public comments on the impact on commercial activities of proposed additions to “Schedule 1” in the “Annex on Chemicals” to the Chemical Weapons Convention (CWC), as implemented through the Chemical Weapons Convention Implementation Act (CWCIA) and the Chemical Weapons Convention Regulations (CWCR). The purpose of this notice of inquiry is to collect…

On August 13, 2019, the US Trade Representative (USTR)  announced the next steps on the proposed imposition of 10% additional duties on articles covered by List 4 (approximately $300 billion of Chinese imports).  Specifically, the announcement advised as follows: Certain other articles are being removed from the final list based on health, safety, national security and other factors and will not face the 10% tariffs;The remaining products contained in the May 17, 2019 list will…

On August 9, 2019, the Department of Defense (DoD) published in the Federal Register a final rule [Docket DARS–2019–0037] that amends the Defense Federal Acquisition Regulation Supplement (DFARS) to add Australia as a new World Trade Organization Government Procurement Agreement (WTO GPA) country. On October 17, 2018, the WTO Committee on Government Procurement approved the accession of Australia to the WTO GPA. Australia submitted its instrument of accession to the Secretary-General of the WTO on…

On August 5, 2019, President Trump issued Executive Order 13884 (“Venezuela EO”) blocking all property of the Government of Venezuela (“GOV”), a significant escalation of sanctions against the regime of President Maduro. Statements issued by the White House and State Department indicate that this escalation is meant to target the Maduro regime for its continued abuses of human rights and repression. The US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) concurrently issued 12 amended general licenses and 13 new…