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FR
Regulatory Information
2019_register
executive
2019-08-21
article
Temporary General License: Extension of Validity, Clarifications to Authorized Transactions, and Changes to Certification Statement Requirements
Rules and Regulations
D09002ee1bdb6e3f9
D09002ee1bdb6e461
United States
Department of Commerce
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org
United States Government Agency or Subagency
United States
Bureau of Industry and Security
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org
United States Government Agency or Subagency
On May 16, 2019, Huawei Technologies Co., Ltd. (Huawei) and sixty-eight of its non-U.S. affiliates were added to the Entity List. Their addition to the Entity List imposed a licensing requirement under the Export Administration Regulations (EAR) regarding the export, reexport, or transfer (in-country) of any item subject to the EAR to any of these 69 listed Huawei entities. The Entity List-based licensing requirement applied in addition to any other license requirement, if any, applicable under the EAR to the transaction in question. On May 22, 2019, the Bureau of Industry and Security (BIS) published a temporary general license, effective May 20, 2019, that modified the effect of the listing in order to temporarily authorize engagement in certain transactions, involving the export, reexport, or transfer (in- country) of items subject to the EAR to the 69 listed Huawei entities. The U.S. Government has decided to extend the temporary general license through November 18, 2019. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of August 19, 2019, and substitutes the date of November 18, 2019. This final rule also makes certain clarifying changes to the authorized transactions under the temporary general license to improve public understanding. Lastly, this final rule revises the temporary general license by changing which party to the transaction is required to create the certification statement by requiring that the exporter, reexporter, or transferor obtain a certification statement from the pertinent Huawei listed entity prior to using the temporary general license. Concurrently with the this final rule, BIS is also publishing elsewhere in this issue of the Federal Register the final rule, Addition of Certain Entities to the Entity List and Revision of Entries on the Entity List. This final rule, as a conforming change for the addition of these other non-U.S. affiliates of Huawei to the Entity List, revises the temporary general license to include those additional Huawei affiliates within the scope of the temporary general license.
84 FR 43487
https://www.govinfo.gov/app/details/FR-2019-08-21/2019-17920
2019-17920
fr21au19-3
RIN 0694-AH86
3510-33-P
Docket No. 190814-0012
https://www.govinfo.gov/app/details/FR-2019-08-21/2019-17920
https://www.govinfo.gov/content/pkg/FR-2019-08-21/html/2019-17920.htm
https://www.govinfo.gov/content/pkg/FR-2019-08-21/pdf/2019-17920.pdf
Exports
Reporting and Recordkeeping Requirements
Terrorism
Administrative Practice and Procedure
Business and Industry
Confidential Business Information
7 p.
43487
43493
84 FR 43487
Code of Federal Regulations
Title 15 Part 744
15 CFR Part 744
Code of Federal Regulations
Title 15 Part 762
15 CFR Part 762
Regulation Identification Number 0694-AH86
RIN 0694-AH86
Temporary General License: Extension of Validity, Clarifications to Authorized Transactions, and Changes to Certification Statement Requirements; Federal Register Vol. 84, Issue
RULE
2019-17920
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
2019-08-19
Docket No. 190814-0012
3510-33-P
2019-17920
Final rule.
On May 16, 2019, Huawei Technologies Co., Ltd. (Huawei) and sixty-eight of its non-U.S. affiliates were added to the Entity List. Their addition to the Entity List imposed a licensing requirement under the Export Administration Regulations (EAR) regarding the export, reexport, or transfer (in-country) of any item subject to the EAR to any of these 69 listed Huawei entities. The Entity List-based licensing requirement applied in addition to any other license requirement, if any, applicable under the EAR to the transaction in question. On May 22, 2019, the Bureau of Industry and Security (BIS) published a temporary general license, effective May 20, 2019, that modified the effect of the listing in order to temporarily authorize engagement in certain transactions, involving the export, reexport, or transfer (in- country) of items subject to the EAR to the 69 listed Huawei entities. The U.S. Government has decided to extend the temporary general license through November 18, 2019. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of August 19, 2019, and substitutes the date of November 18, 2019. This final rule also makes certain clarifying changes to the authorized transactions under the temporary general license to improve public understanding. Lastly, this final rule revises the temporary general license by changing which party to the transaction is required to create the certification statement by requiring that the exporter, reexporter, or transferor obtain a certification statement from the pertinent Huawei listed entity prior to using the temporary general license. Concurrently with the this final rule, BIS is also publishing elsewhere in this issue of the Federal Register the final rule, Addition of Certain Entities to the Entity List and Revision of Entries on the Entity List. This final rule, as a conforming change for the addition of these other non-U.S. affiliates of Huawei to the Entity List, revises the temporary general license to include those additional Huawei affiliates within the scope of the temporary general license.
This rule is effective August 19, 2019 through November 18, 2019, except for amendatory instructions 1 and 3, which are effective August 19, 2019. The expiration date of the final rule published on May 22, 2019 (84 FR 23468) is extended until November 18, 2019.
Director, Office of Exporter Services, Bureau of Industry and Security, Department of Commerce, Phone: (949) 660-0144 or (408) 998-8806 or email your inquiry to: ECDOEXS@bis.doc.gov.
Exports
Reporting and Recordkeeping Requirements
Terrorism
Administrative Practice and Procedure
Business and Industry
Confidential Business Information
Temporary General License:
Extension of Validity, Clarifications to Authorized Transactions, and Changes to Certification Statement Requirements
,
ECDOEXS@bis.doc.gov
Jasmeet_K._Seehra@omb.eop.gov
https://www.bis.doc.gov/index.php/documents/compliance-training/export-administration-regulations-training/1554-ear-definitions-faq/file
Federal Register
Vol. 84, no. 162
Office of the Federal Register, National Archives and Records Administration
2019-08-21
continuing
daily
deposited
born digital
202 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2019-08-21
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https://www.govinfo.gov/app/details/FR-2019-08-21
https://www.govinfo.gov/content/pkg/FR-2019-08-21/pdf/FR-2019-08-21.pdf
https://www.govinfo.gov/content/pkg/FR-2019-08-21/xml/FR-2019-08-21.xml
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43665
DGPO
2019-08-21
2023-04-28
FR-2019-08-21
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eng
FR
FR-2019-08-21
84
162