On May 29, 2020, the president announced in a White House press conference the Administration’s determination that Hong Kong is no longer sufficiently autonomous from the People’s Republic of China (“PRC”), and that the US Government would take “strong and meaningful” steps to “begin the process” of reviewing and revoking the “full range of agreements” that currently provide Hong Kong with preferential treatment under US law. This determination follows Secretary of State Michael Pompeo’s certification…
In brief The Hong Kong Trade and Industry Department (TID) recently released a new circular concerning the control of strategic commodities. Hong Kong exporters of US-origin electronics, computers, and telecommunications equipment should be clear about whether US authorization is required for any export, and ensure that all relevant authorizations and licenses are obtained prior to any shipment. Exporters relying on “License Exception CIV” will no longer be able to do so after 29 June 2020.…
On 28 December 2019, the National People’s Congress (NPC) of the People’s Republic of China (PRC) released a new draft of the Export Control Law (ECL) (“2019 Draft”), an update from the 2017 version circulated by the Ministry of Commerce. Click HERE to refer to our client alert on the 2017 Draft.
The 2019 Draft is now open for public comment until 26 January 2020. If enacted, the ECL will be China’s first comprehensive and consolidated export control legislation, aimed at upgrading the country’s existing regime consisting of multiple regulations.
The Ministry of Commerce of China (MOFCOM) announced on 31 May 2019 that the Chinese government will introduce an “Unreliable Entity List” regime, under which foreign entities or individuals that boycott or cut off supplies to Chinese companies for non-commercial purposes and causing serious damages to Chinese companies would be listed as “Unreliable Entities”. The specific rules, including the list itself and the restrictive measures applicable to the listed entities, will be separately released in the near future. This new regime may be used by China as a countermeasure against export control measures of foreign governments targeting specific Chinese companies.