The Department of Commerce’s Bureau of Industry and Security (BIS) announced this week that it will again extend the temporary general license it issued in May 2019 (see Trump and Trade Update of May 21, 2019 and August 19, 2019) that partially continued the availability of exports under the Export Administration Regulations (EAR) for exports, reexports and transfers (in-country) to Huawei Technologies Co., Ltd. and 114 of its non-U.S. affiliates. The temporary general license had been extended through November 18, 2019, and will now be extended another 90 days until February 16, 2020.
In its Federal Register notice to be published November 20, 2019, BIS reminds exporters, reexporters, and transferors subject to the notice that they are required to maintain certifications and other records, to be made available when requested by BIS, regarding their use of the temporary general license. This temporary general license does not relieve parties of other EAR obligations as to other licensing requirements for exports to the People’s Republic of China. When not covered by the scope of the temporary general license, exports to listed Huawei entities will require a license and “license applications will continue to be reviewed under a presumption of denial.”