OFAC issues FAQs clarifying restrictions on purchasing securities of certain Chinese companies

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During the first two weeks in January, the Office of Foreign Assets Control (OFAC) published a series of FAQs related to Executive Order 13959, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies” (the “CCMC EO” or the “EO”). That EO aimed 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://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/5671

OFAC issues Hong Kong Sanctions Regulations

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On January 15, 2021, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule  adding regulations (31 C.F.R. Part 585) to implement Executive Order (E.O.) 13936 of July 14, 2020. OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and statements of licensing policy.

See https://www.govinfo.gov/content/pkg/FR-2021-01-15/pdf/2021-00926.pdf

OFAC Issues Hong Kong Sanctions Regulations

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On January 15, 2021, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule  adding regulations (31 C.F.R. Part 585) to implement Executive Order (E.O.) 13936 of July 14, 2020. OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and statements of licensing policy.

See https://www.govinfo.gov/content/pkg/FR-2021-01-15/pdf/2021-00926.pdf

Commerce amends the EAR to implement revised Unmanned Aerial System licensing review policy

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On January 12, 2021, the Department of Commerce issued a final rule (the “Final Rule”) amending the Export Administration Regulations (EAR) to implement recent licensing review policy changes for exports of US-origin unmanned aerial systems (UAS), also known as “drones.”  The Final Rule implements the more flexible export license review policy applicable to a specific subset of UAS with maximum airspeeds of less than 800 km per hour, as first announced in July 2020.  The Final Rule does not change UAS export licensing requirements under the EAR or the International Traffic in Arms Regulations.

See https://www.federalregister.gov/documents/2021/01/12/2020-27983/change-to-the-license-review-policy-for-unmanned-aerial-systems-uas-to-reflect-revised-united-states

Commerce amends the EAR to implement revised Unmanned Aerial System licensing review policy

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Commerce amends the EAR to implement revised Unmanned Aerial System licensing review policy

On January 12, 2021, the Department of Commerce issued a final rule (the “Final Rule”) amending the Export Administration Regulations (EAR) to implement recent licensing review policy changes for exports of US-origin unmanned aerial systems (UAS), also known as “drones.”  The Final Rule implements the more flexible export license review policy applicable to a specific subset of UAS with maximum airspeeds of less than 800 km per hour, as first announced in July 2020.  The Final Rule does not change UAS export licensing requirements under the EAR or the International Traffic in Arms Regulations.

See https://www.federalregister.gov/documents/2021/01/12/2020-27983/change-to-the-license-review-policy-for-unmanned-aerial-systems-uas-to-reflect-revised-united-states

Commerce Amends the EAR to Implement Revised Unmanned Aerial System Licensing Review Policy

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On January 12, 2021, the Department of Commerce issued a final rule (the “Final Rule”) amending the Export Administration Regulations (EAR) to implement recent licensing review policy changes for exports of US-origin unmanned aerial systems (UAS), also known as “drones.”  The Final Rule implements the more flexible export license review policy applicable to a specific subset of UAS with maximum airspeeds of less than 800 km per hour, as first announced in July 2020.  The Final Rule does not change UAS export licensing requirements under the EAR or the International Traffic in Arms Regulations.

See https://www.federalregister.gov/documents/2021/01/12/2020-27983/change-to-the-license-review-policy-for-unmanned-aerial-systems-uas-to-reflect-revised-united-states

USTR revises Sec. 301 action re: EU Civil Aircraft

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On January 6, 2020, the US Trade Representative (USTR) published in the Federal Register a notice that USTR has determined to revise the action being taken in the Section 301 investigation, “Enforcement of US WTO Rights in Large Civil Aircraft Dispute,” to mirror the approach taken by the European Union (EU) in exercising its World Trade Organization (WTO) authorization in the Boeing dispute. In implementing this approach, the USTR has determined to revise the action by adding certain products of certain EU member States to the list of products subject to additional duties.

See https://www.govinfo.gov/content/pkg/FR-2021-01-06/pdf/2020-29225.pdf

BIS publishes technical amendments to the EAR: ECCN 0Y521

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On January 6, 2021, the Bureau of Industry and Security (BIS) published in the Federal Register an interim final rule and technical amendment that extends for an additional year an interim amendment to the Export Administration Regulations (EAR) published on January 6, 2020, to add Software Specially Designed to Automate the Analysis of Geospatial Imagery to the 0Y521 Temporary Export Control Classification Numbers (ECCN) Series as 0D521.

See https://www.govinfo.gov/content/pkg/FR-2021-01-06/pdf/2020-28776.pdf

USTR revises Sec. 301 action re: EU Civil Aircraft

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On January 6, 2020, the US Trade Representative (USTR) published in the Federal Register a notice that USTR has determined to revise the action being taken in the Section 301 investigation, “Enforcement of US WTO Rights in Large Civil Aircraft Dispute,” to mirror the approach taken by the European Union (EU) in exercising its World Trade Organization (WTO) authorization in the Boeing dispute. In implementing this approach, the USTR has determined to revise the action by adding certain products of certain EU member States to the list of products subject to additional duties.

See https://www.govinfo.gov/content/pkg/FR-2021-01-06/pdf/2020-29225.pdf