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Huawei Export Restrictions Revised

Thursday, June 18, 2020
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued an interim final rule authorizing the release of U.S. technology designated as EAR99 or controlled only for anti-terrorism reasons on the Commerce Control List to Huawei Technologies Co. Ltd. and 114 of its affiliates without a license if such release is made for the purpose of contributing to the revision or development of a standard in a standards organization. Comments on this rule are due no later than Aug. 17.

BIS states that this rule is designed to ensure that Huawei’s placement on the Entity List does not prevent U.S. companies from contributing to important international standards-developing activities in the telecommunications sector despite Huawei’s pervasive participation in standards-development organizations. However, disclosures for commercial purposes remain subject to the Export Administration Regulations and are still subject to recordkeeping and all other applicable EAR requirements.

For more information on restrictions on exports to Huawei and its affiliates, please contact Kristine Pirnia.

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