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Export Controls

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On 28 June 2020, the 20th Meeting of the 13th National People’s Congress (“NPC”) Standing Committee of the People’s Republic of China (“PRC”) deliberated the second review draft of the Export Control Law (草案二次审议稿).  This second review draft has now been published on the NPC webpage.  Public comments on the latest draft may be submitted via the NPC website or postal mail from 3 July 2020 to 16 August 2020. Some key revisions from the…

On June 26, 2020, the US Commerce Department’s Bureau of Industry and Security (“BIS”) issued 32 Frequently Asked Questions (“FAQs”) to clarify the military end use/user (“MEU”) rules that were published on April 28, 2020 and took effect on June 29, 2020. These rules are intended to combat efforts by entities in China, Russia, and Venezuela to use certain US technologies obtained through civilian supply chains to develop weapons, military aircraft, and surveillance technology contrary to…

On June 5, 2020, the US Commerce Department’s Bureau of Industry and Security (“BIS”) published: (1) a final rule adding nine Chinese entities to the Entity List (the “XUAR Designees”), and (2) a final rule adding twenty four entities located in China, Hong Kong, and the Cayman Islands to the Entity List (the “Military Designees”). Both sets of designations were announced by the Commerce Department on May 22, 2020 (see announcements here and here), but…

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…