11 March 2020
Limited Export Licence for Huawei Extended Again
The U.S. Department of Commerce’s Bureau of Industry and Security announced on 10 March that it will extend for another 45 days, through 15 May, a temporary general licence authorising certain exports to Huawei Technologies Co. Ltd. and 114 of its non-U.S. affiliates on the Entity List. BIS is also seeking input by 25 March on future extensions of a TGL under the Export Administration Regulations.
The TGL covers certain activities necessary for the continued operations of existing networks and equipment as well as the support of existing mobile services, including cybersecurity research critical to maintaining the integrity and reliability of existing and fully operational networks and equipment. Exporters, re-exporters and transferors that qualify to use the TGL must maintain certifications and other records regarding their use of it that must be made available to BIS upon request. In addition, any exports, re-exports or in-country transfers of items subject to the EAR to these entities that are not explicitly authorised by this TGL continue to require a licence and licence applications will continue to be reviewed under a presumption of denial.
Meanwhile, interested parties may submit input by 25 March to assist the U.S. government in evaluating whether the TGL should continue to be extended and whether any other changes may be warranted to the TGL, as well as to identify any alternative authorisation or other regulatory provisions that may more effectively address what is being authorised under the TGL.