The Commerce Department’s advance notice of proposed rulemaking (ANPRM) on foundational technologies will ask for public comments on the relationship between foundational and emerging technologies, a concept that is challenging Commerce, according to Commerce’s deputy assistant secretary for export administration Matt Borman. The proposal, which is expected to be released this fall, is proving more challenging than the proposed ANPRM on emerging technologies the agency released last year, Borman said. The foundational notice will ask industries whether emerging and foundational technologies are really “two distinct things,” Borman said, or whether one depends on the other, such as whether foundational technologies are used to create emerging technologies.

Export Compliance Daily is providing readers with some of the top stories for Oct. 28 - Nov. 1 in case they were missed.

The Treasury’s Office of Foreign Assets Control amended and issued Venezuela-related general licenses and revoked two Turkey general licenses, according to a Nov. 5 notice. OFAC also published new and amended frequently asked questions to explain the Venezuela-related licenses.

The Commerce Department will issue Huawei-related export licenses “very shortly,” Secretary Wilbur Ross said, adding that the agency has received more than 260 applications. “Those will be forthcoming very shortly,” Ross told Bloomberg on Nov. 3, declining to give a more specific time frame. Ross said in July that Commerce planned to release the licenses “within the next few weeks” (see 1907240030).

Because the U.S. did not fix antidumping calculation methods after it lost a case in 2017 regarding 25 Chinese products, China will soon be authorized to levy tariffs on about $3.58 billion in U.S. goods, the World Trade Organization announced Nov. 1. China will have to formally request the right to retaliate at the next Dispute Settlement Body meeting, scheduled for Nov. 22.

Notable international barriers to U.S. exports include Chinese food restrictions and inconsistent standardization laws, Brazil’s strict telecommunications requirements, Thailand’s discriminatory customs procedures and Europe’s value-added tax system, trade groups said in comments to the Office of the U.S. Trade Representative. The comments, due Oct. 31, were in response to USTR’s request for input for its upcoming National Trade Estimate Report on Foreign Trade Barriers.

A former top Commerce and trade official said the U.S.’s recent efforts to reform export controls and foreign investment screening are some of the most consequential developments the trade industry has seen in years. “The passage of [the Export Control Reform Act] and [the Foreign Investment Risk Review Modernization Act] together represents one of the biggest changes in trade compliance probably in at least a generation,” said Chris Padilla, former undersecretary for international trade and former assistant U.S. trade representative.

Four Republican members of the House Financial Services Committee praised the Treasury Department’s proposed regulations for the Foreign Investment Risk Review Modernization Act but also criticized several key areas, according to comments released Oct. 29. The comments were signed by Reps. Patrick McHenry, R-N.C., Andy Barr, R-Ky., French Hill, R-Ark., and Steve Stivers, R-Ohio.

While small businesses face several common export obstacles -- including foreign regulations and complex customs procedures -- there is “tremendous opportunity” for export growth, according to a study released Oct. 30 by the U.S. Chamber of Commerce and Google.

The Commerce Department plans to release proposed export controls on emerging technologies within the “next few weeks” and an advance notice of proposed rulemaking on foundational technologies before the end of the year, a top Commerce official said. Matt Borman, the Commerce deputy assistant secretary for export administration, suggested Commerce has been eager to release both controls to ease concerns from U.S. trade groups and companies, which have warned the agency against overly broad, unilateral controls.