On November 17, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule (“Final Rule”) amending and clarifying certain provisions of the Export Administration Regulations (EAR) to make them consistent with the Export Control Reform Act of 2018 (ECRA). The Final Rule also amends certain provisions of the EAR (not strictly concerning ECRA implementation) regarding the issuance of export licenses and denial orders and the payment of civil penalties.

See https://www.bis.doc.gov/index.php/documents/regulations-docs/federal-register-notices/federal-register-2020/2660-85-fr-73411-enforcement-provisions-0694-ah81/file

On November 15, 2020, the Regional Comprehensive Economic Partnership (RCEP) was signed by China and 14 other nations — the 10 countries of the Association of Southeast Asian Nations (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam plus Australia, China, Japan, New Zealand and South Korea. Many of the products for which tariffs are eliminated are already duty-free. RCEP was originally proposed by China as a counter to the Trans-Pacific Partnership (TPP), which became the Comprehensive and Progressive Agreement on the Trans-Pacific Partnership (CPTTP) after the Trump Administration withdrew from the TPP in 2017. While it is a more limited trade agreement than the CPTPP, it covers an area with 2.2 billion people and includes many of the same countries of the CPTPP.

See https://www.internationaltradecomplianceupdate.com/2020/11/16/regional-comprehensive-economic-partnership-signed-simultaneously-in-15-nations/

On November 12, 2020, President Trump signed Executive Order 13959, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies” (the “China Securities EO”), which aims to prevent US investors from financing the development of the People’s Republic of China’s military, intelligence, and security capabilities by prohibiting purchases of securities of certain “Communist Chinese military companies.”

See https://www.govinfo.gov/content/pkg/FR-2020-11-17/pdf/2020-25459.pdf

On November 9, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice announcing the results of the 2020 Annual Generalized System of Preferences (GSP) Review with respect to: products considered for the addition to, and removal from, the list of eligible products for certain beneficiary countries; and decisions related to competitive need limitations (CNLs), including petitions for waivers of CNLs.

See https://www.govinfo.gov/content/pkg/FR-2020-11-09/pdf/2020-24824.pdf

On October 29, 2020, the Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule (the “final rule”) amending the license review policy under the Export Administration Regulations (EAR) for items controlled for national security (“NS”) reasons when destined to China, Russia, or Venezuela.

See https://www.federalregister.gov/documents/2020/10/29/2020-23962/amendments-to-national-security-license-review-policy-under-the-export-administration-regulations