US announces clarification of Huawei ban.

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Wilbur Ross, Official Portrait

At the G-20 summit, President Trump announced that US companies could sell to Huawei. Today, the Trump administration filled in the rest of the details by announcing a relaxation of the restrictions against selling to Huawei – limited the ban only to products that are related to national security.

Yesterday, Commerce Secretary Wilbur Ross announced that that licenses would be issued to companies to sell their products to Huawei under certain conditions.

On Tuesday Wilbur Ross, the commerce secretary, said that Washington would issue licences to companies to sell their products to the Chinese telecoms equipment maker under certain conditions. The main condition being “no threat to US national security”. As Huawei is still on the BIS entity list, companies that sell products not harmful to US national security will still need to apply for a license.

If you have questions about the Huawei ban or would like to apply for an export license, contact export compliance attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

CNBC reports Huawei personnel links to China’s military intelligence.

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CNBC published an article online citing a study conducted by Christopher Balding, an associate professor at Fulbright University Vietnam, and London-based conservative think tank Henry Jackson Society. The study looked at resumes and curriculum vitae of Huawei employees and they report that “key mid-level technical personnel employed by Huawei have strong backgrounds in work closely associated with intelligence gathering and military activities.” The paper said that some employees had “to specific instances of hacking or industrial espionage conducted against Western firms”.

The resumes and personal information was leaked when a website and database run from a recruitment firm was compromised and published online.

In response, Huawei has claimed they are unable to verify the Huawei employee information and cannot confirm whether the “veracity of all of the information published online”. In response, Huawei also states that “Huawei maintains strict policies for hiring candidates with military or government backgrounds. During the hiring process, these candidates are required to provide documentation proving they have ended their relationships with the military or the government”.

A Huawei spokesperson also added: “We welcome professional and fact-based reporting on investigations into Huawei’s transparency. We hope that any further research papers will contain less conjecture when drawing their conclusions, and avoid so many speculative statements about what Professor Balding ‘believes,’ ‘infers,’ and ‘cannot rule out,’”.

If you have questions about how the Huawei inclusion on the BIS entity list means for your business, contact export license attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

“Ignorantia juris non excusat” and the need for export compliance in the wake of the Huawei ban.

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Huawei’s surprise placement on the BIS Entity List highlights the crucial need for your company to have a compliance program in place.

Many people believe export compliance programs only apply to the big guys – however, even the smallest business that sends their products to customers outside of the country are subject to the various export regulations and the steep penalties for export violations. as the saying goes, Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for “ignorance of the law excuses not” and “ignorance of law excuses no one” respectively).

Small and medium sized company personnel may not know of these requirements until it is too late – fines for export violations can reach up to $1 million per violation in criminal cases and administrative cases can result in penalties amount to the greater of $250,000 or twice the value of the transaction. Criminal violators may even face up to 20 years in jail time and punishment for administrative cases can include denial of export privileges – it’s a risk you can’t afford to take.

Here are a few quick tips to protect your company –

  1. Be sure your exported items do not require an export license.
  2. Determine if the destination country requires an export license.
  3. Know your customers – screen who is buying your goods and be sure a restricted party does not receive your goods.
  4. Red flags – does the destination country of your product meet a need for your product?
  5. Be sure you have a copy of all the required documentation – it is not enough to hire a freight forwarder to handle the export.

For more information and a no obligation consultation on creating an export compliance program – contact experienced compliance attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com or attorney.dave@yahoo.com.

“Teardown” of Huawei P30 Pro highlights US parts content of Huawei phones.

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According to the folks at Android Authority, citing a Nikkei conducted teardown of Huawei’s new flagship device, revealed that only 0.9 percent of the components in a P30 Pro come from the US – in other words, only 15 US parts out of a total of 1,631 parts.

Dollar wise, the total US components cost $59.36 out of the $363.83 total component price. The parts from the US include the DRAM from Micron, parts from Skyworks, Qorvo and the Gorilla Glass from Corning.

Nokia looking to benefit from Huawei ban.

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According to Tommi Uitto, President of mobile networks at Nokia, Nokia has signed 43 commercial 5G deals while Nokia has signed 50.

At the end of March, Nokia had 30 contracts while Huawei had 40, indicating Nokia has been winning more 5G customers than Huawei. Specifically, Nokia has been expanding its 5G business in Australia, New Zealand and the US – where Huawei’s 5G involvement is limited after their inclusion on the BIS entity list.

While the Huawei ban may help in some markets, Uitto indicates the ban may increase Huawei’s aggressiveness in other markets in countries where they can compete.

Facebook no longer allow pre-installation on Huawei smartphones.

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As reported by CNN Hong Kong, Facebook has stopped allowing Huawei to preinstall the Facebook application on Huawei smartphones in response to Huawei’s inclusion on the BIS entity list.

Huawei is the second largest smartphone brand in the world (behind Samsung) and the target of a US export ban. The US is concerned Huawei equipment can be used for Chinese spying, a claim vehemently denied by Huawei. Any US firms that supply to Huawei will need a license in order to export software, goods or service to Huawei.

If you have any questions about how the Huawei export ban may impact your business, contact experienced export compliance attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

FCC Commissioner wants Huawei gear out of US networks.

 

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Geoffrey Starks, source: FCC.gov

In another blow to Huawei, the current acting FCC commissioner, Democrat Geoffrey Starks says the US government should replace Chinese telecommunications gear currently installed on US networks.

As you are aware, the Commerce Department added Huawei to the BIS entity list in May of this year over concerns the Chinese government’s connection to Huawei could compromise US national security. Huawei’s addition to the entity list prohibits US companies from supplying parts and service to Huawei.

The reason the FCC commissioner wants to remove all Huawei equipment is out of fear foreign governments may disrupt US communication networks during times of national emergencies.

The full cnet interview is an interesting read if you have time and can be found here.

If you or your company supplies equipment to Huawei and want to know how the entity list inclusion of Huawei will impact your business, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Huawei and affiliates added to the BIS “Entity List”.

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On May 21, 2019, the Federal Register published the Bureau of Industry and Security (BIS) “Addition of Entities to the Entity List”. While not published until the 21st, the entity list had an effective date of 5/16/2019. The full document can be found here.

What does this mean?
This rule by BIS amends the Export Administration Regulations (EAR) by adding Huawei Technologies Co., LTD and its affiliates to the “Entity List”.

What is the “Entity List”?
This is a list of certain foreign persons (including companies and individuals) that are subject to license requirements for export, re-export or transfer of specific items.

Why was Huawei added to the list?
The U.S. Government has determined that there is reasonable cause to believe that Huawei has been involved in activities contrary to the national security or foreign policy interests of the United States. BIS is also adding non-U.S. affiliates of Huawei to the Entity List because those affiliates pose a significant risk of involvement in activities contrary to the national security or foreign policy interests of the United States.

What other Huawei affiliates, subsidiaries are on the entity list?
The list also covers Huawei’s affiliates located in twenty-six destinations: Belgium, Bolivia, Brazil, Burma, Canada, Chile, China, Egypt, Germany, Hong Kong, Jamaica, Japan, Jordan, Lebanon, Madagascar, Netherlands, Oman, Pakistan, Paraguay, Qatar, Singapore, Sri Lanka, Switzerland, Taiwan, United Kingdom, and Vietnam.

Questions?
If you have questions how the inclusion of Huawei to the entity list will impact your business, call/text David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.