The Commerce Department’s Bureau of Industry and Security (BIS) issued an interim final rule (“Rule”) extending the temporary 0Y521 series export controls on software specially designed to automate the analysis of geospatial imagery, issued in January 2020. The Rule, which applies to geospatial imagery software specially designed for training a “Deep Convolutional Neural Network” to
Scott E. Diamond**
Scott is a senior policy advisor with more than 25 years' experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.
**Not licensed to practice law.
USTR Releases Findings in Digital Services Taxes Investigations Involving India, Italy and Turkey
The Office of the U.S. Trade Representative (USTR) has issued findings in its Section 301 investigations of Digital Service Taxes (DSTs) adopted by India, Italy and Turkey. In each report, the USTR found that the DSTs: (i) create “a significant new tax burden for U.S. companies, [and] taxes an unusually broad array of digital services”;…
OFAC and State Department Sanction Entities Operating in Iran’s Steel Sector
The Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of State have announced further sanctions toward Iran by designating and placing on the Specially Designated Nationals (SDN) List a China-based supplier of graphite electrodes, 12 Iranian producers of steel and other metals products, three foreign-based sales agents of a major…
USTR Delays Imposition of Additional Tariffs on Certain French Products in Response to France’s Digital Services Tax
While the Office of the U.S. Trade Representative (USTR) was set to impose additional import duties of 25 percent starting January 6, 2021, these retaliatory tariffs have now been further suspended according to a press release. These additional tariffs on certain products from France are in response to that country’s continued collection of a…
President Trump Issues Executive Order Banning Transactions Involving Eight Chinese Software Applications
On January 5, 2021, President Donald Trump issued an executive order declaring that beginning on February 19, 2021, “any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States, with persons that develop or control the following Chinese connected software applications, or with their subsidiaries, … :…
UPDATE: FEMA Extends PPE Export Restrictions and Adds Vaccine-Required Needles and Syringes
On December 31, 2020, the U.S. Department of Homeland Security’s Federal Emergency Management Agency (“FEMA”) published a temporary final rule (“Rule”) that extends and modifies the most recent rule issued on August 10, 2020 to continue to restrict the exports of the four categories of personal protective equipment (PPE) and respirators as well as a…
USTR Announces Additional Tariffs in U.S.-EU WTO Aircraft Dispute
The Office of the U.S. Trade Representative (USTR) announced that it will add on January 12, 2021 “certain products of certain EU member States” to the list of products subject to additional duties in the ongoing World Trade Organization (WTO) dispute with the European Union (EU) over subsidies for large civil aircraft. In October 2019,…
BIS Amends Country Groups for Ukraine, Mexico and Cyprus Under the Export Administration Regulations
The Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule on December 28, 2020, in which it amended the Export Administration Regulations (EAR) to revise the Country Group designations for Ukraine, Mexico and Cyprus. The EAR designates countries in Country Groups (A, B, D and E) which reflect each country’s export…
U.S. International Trade Commission Releases Report Regarding Supply Chain Challenges for COVID-19 Related Goods
On December 22, 2020, the U.S. International Trade Commission (USITC) released a report providing information on the U.S. industries producing COVID-19 related goods and the market, trade and supply chain challenges and constraints affecting the availability of such goods. The report follows an earlier report that identified such goods treating and responding to the COVID-19…
Commerce Removes Hong Kong as a ‘Separate Destination’ Under the EAR
On December 23, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule in the Federal Register that removes Hong Kong as a “separate destination” under the Export Administration Regulations (EAR). This rule follows U.S. Secretary of State Michael Pompeo’s May 2020 announcement that Hong Kong no longer warrants treatment…
