…Over Temporary General License Extensions
By Cyber Era Reporter
The United States Department of Commerce’s Bureau of Industry and Security (BIS) has announced it was seeking public comments on March 10-25, 2020 the continuing need for, and scope of, possible future extensions of the Temporary General License (TGL) for Huawei Technologies Co. Ltd. And its non-United States affiliates (Huawei) on the Entity List. At the same time, the Department extended the TGL through May 15, 2020 to provide for this opportunity for public input.
The initial TGL from May 2019 and the three extensions that followed were intended to allow time for companies and persons to shift to alternative sources of equipment, software, and technology (namely those not produced by Huawei or one of its listed affiliates). The current extension expires on April 1, 2020 and the request for public input by March 25, 2020, demonstrates the Department is trying to find a permanent solution.
BIS has requested comments to evaluate the need to extend the TGL, whether any other changes may be warranted to the TGL and to identify any alternative authorization or other regulatory provisions that may more effectively address what is being authorized under the TGL. While the 45-day extension allows existing telecommunication providers—particularly those in rural communities—the ability to continue to temporarily and securely operate existing networks while they identify alternatives to Huawei for future operation.
The TGL authorizes specific, limited engagement in transactions involving the export, reexport, and transfer of items subject to the Export Administration Regulations to Huawei Technologies Co. Ltd. and its non-U.S. affiliates on the Entity List through May 15, 2020.
Huawei was added to the Entity List after the U.S. government concluded the company poses a significant risk of involvement in activities contrary to the national security or foreign policy interests of the United States, including by engaging, among other things, in alleged violations of the International Emergency Economic Powers Act (IEEPA), conspiracy to violate IEEPA by causing the export, reexport, sale and supply of goods, technology, and services to Iran, and obstruction of justice in connection with the investigation of those alleged violations of U.S. sanctions. BIS’s mission is to advance U.S. national security and foreign policy objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership. BIS is committed to preventing U.S.-origin items from supporting Weapons of Mass Destruction (WMD) projects, terrorism, or destabilizing military modernization programmes