The European Union is bracing for a large workload and host of new “responsibilities” as it prepares to implement its new dual-use export control regime, said Denis Redonnet, the European Commission’s chief trade enforcement officer. Redonnet said the regime will “test” EU agencies and governments and will only succeed with cooperation from industry experts.
The State Department is extending two International Traffic in Arms Regulations measures to allow employees involved in certain ITAR-related activities to work remotely (see 2004240017) as the agency seeks to make the changes permanent, a notice released Dec. 10 said. The notice continues a temporary exception to the ITAR to allow employees to telework, including employees working remotely in a country “not currently authorized” by a technical assistance agreement, manufacturing license agreement or an exemption. The exceptions do not apply to employees working in certain blocked countries, including Russia.
U.S. Trade Representative Robert Lighthizer Dec. 9 announced that he'll be seeking consultations with Mary Ng, his Canadian counterpart, over the way that Canada allocated tariff rate quotas. Canadian processors are guaranteed a percentage of those import quotas, and the U.S. says that undermines American producers' access to Canada. “President [Donald] Trump successfully renegotiated the USMCA to replace the failed NAFTA, and a key improvement was to give U.S. dairy producers fairer access to Canada’s highly protected dairy market,” he said. “We are disappointed that Canada’s policies have made this first ever enforcement action under the USMCA necessary to ensure compliance with the agreement.”
The United Kingdom will stop collecting 15% punitive tariffs on U.S. aircraft; 25% tariffs on more than 100 products, notably agricultural, food and beverage items, including chocolate, ketchup, rum, vodka, frozen orange juice and cotton; and 25% tariffs on equipment, such as tractors, firetrucks and exercise equipment.
The Census Bureau needs more time to assess the comments it received on whether to eliminate certain export filings for shipments to Puerto Rico and the U.S. Virgin Islands, partly because the comments were so split (see 2012040033), said Kiesha Downs, chief of Census’ Foreign Trade Division’s regulations branch. She also said the comments didn’t help the agency find alternative sources to collect the data that is normally submitted through the Electronic Export Information filings.
The State Department is circulating a proposed rule that would permanently revise the International Traffic in Arms Regulations to allow employees involved in ITAR-related activities to work remotely. To make the change, the rule would update the definition of a “regular employee” in ITAR, which would allow for greater flexibility for industry workers who telework, a State Department official said in a Dec. 9 email. The proposed rule was sent for interagency review last week (see 2012080011).
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The U.S. and Ecuador signed a phase one trade agreement that goes beyond the World Trade Organization's Trade Facilitation Agreement with requirements for online publication of customs information and customs brokers requirements; duties and fees; electronic submission of customs declaration and phytosanitary certificates; a single window for import and export; and advanced rulings that cover classification, valuation, origin, and application of quotas. Ecuador also agreed to no penalties on minor errors, unless they're part of a consistent pattern, and a procedure to correct errors without penalties.
The Commerce Department will not publish its long-awaited proposed regulations on routed export transactions (see 2007150044) this year and is experiencing delays on other rules, including another set of export controls from the 2019 Wassenaar Arrangement, a Commerce official said. Hillary Hess, the Bureau of Industry and Security’s regulatory policy director, cited a combination of internal BIS delays and a backlog at the Federal Register for the slowdown.
The Council of the European Union adopted its long-awaited human rights sanctions regime (see 2010210008), giving the EU the ability to designate people and entities that commit crimes against humanity or other “serious human rights violations,” the EU said Dec. 7. The regime will allow the EU to impose travel bans and asset freezes on violators and will block people and entities in the EU from “making funds available” to entries on the sanctions list, either “directly or indirectly,” the EU said.