The State Department issued its 2020 report on global compliance with arms control, nonproliferation and disarmament agreements, according to an April 15 press release. The report contains summaries of other nations’ compliance with arms control commitments, including potential violations.
Switzerland recently amended its Goods Control Act to include export controls for surveillance goods, according to an unofficial translation of a March notice from the Swiss Federal Assembly. Although Switzerland previously had the authority to control exports of surveillance equipment, that authority was outlined in a temporary legislation, according to an April 8 post from the European Sanctions blog. The blog referred to “goods which could be used for internet or mobile phone surveillance.” The amendment will create a “legal basis” for surveillance export controls and will “transpose the current temporary regulation into ordinary law,” Switzerland said.
The United Kingdom’s Department of Health and Social Care issued an April 6 guidance on the European Union’s export restrictions on personal protective equipment. The guidance lists what goods are covered under the restrictions, how exporters can apply for a license and how the U.K. determines license decisions. When reviewing a license application, the U.K. said it will consider whether the export will threaten the need for PPE within the U.K. and the EU, whether it will satisfy a “legitimate need” in the destination country, and whether the export will fulfill “one or more of the purposes set out” in the export control legislation.
Export controls on masks used by medical workers -- an idea that had been floated (see 2004030063) -- have been averted, 3M announced the evening of April 6. The multinational company is producing 35 million masks a month in the U.S., and the president had said none of that production should be exported to Canada and Latin America, major recipients of that output. But now, the administration will address U.S. regulatory restrictions that prevented some Chinese masks from being used for medical workers, and 3M will import 166.5 million N95 masks, mostly from its China plant, over the next three months, the company said. “The plan will also enable 3M to continue sending U.S. produced respirators to Canada and Latin America, where 3M is the primary source of supply,” the press release noted.
CBP removed several exemptions from the Automated Export System Trade Interface Requirements due to the recent transfer of gun export controls from the State Department to the Commerce Department (see 2001170030), CBP said in an April 6 CSMS message. The update removes firearms exemptions related to certain exports to Canada, temporary exports and more.
India announced restrictions on exports of certain “diagnostic kits,” according to an April 4 notice from the country’s Directorate General of Foreign Trade. The export restrictions apply to certain “diagnostic or laboratory reagents.” The measure took effect April 4. India previously restricted exports of hydroxychloroquine, ventilators and sanitizers due to the COVID-19 pandemic (see 2003250014 and 2003240045).
Senior Trump administration officials agreed to three measures that will tighten restrictions on China’s ability to obtain advanced U.S. technology, according to an April 1 Reuters report. The measures, agreed to during a March 25 meeting (see 2003260036), will “introduce hurdles” to block Chinese companies from buying U.S. optical materials, radar equipment and semiconductors, the report said. It is unclear if President Donald Trump will sign off on the new rules, Reuters said. It is also unclear how these measures relate to potential changes to the Direct Product Rule and the de minimis rule that administration officials have been considering for months (see 2003050041, 2003130037 and 1912100033).
Australia placed export controls on non-commercial shipments of personal protective equipment, alcohol wipes and hand sanitizer that are essential to combating the COVID-19 pandemic, according to a March 30 notice from the Australian Border Force. The controls, which took effect March 30, also allow Australia’s Home Affairs minister to “determine additional goods” subject to export controls. Australia listed several exemptions to the controls, which allow exports to a person's relatives, for their personal use; exports through humanitarian organizations for non-commercial uses; and exports by an “Australian manufacturer of the goods,” the notice said. The Border Force also listed several other exemptions that allow “legitimate exporters to continue to trade in goods essential to combating the pandemic.”
The World Trade Organization recently updated a guidance detailing how the COVID-19 pandemic is impacting world trade, saying every WTO member is “free” to impose export controls on key medical supplies. However, the WTO stressed that international trade is “crucial to ensuring access to medicines and other medical products,” and said members should not impose controls that “discriminate” or “constitute a disguised restriction.” The guidance also contains an updated list of member notifications to the WTO that detail export control actions and other trade measures to combat the spread of the coronavirus and the disease it causes. Several countries have said they are committed to keeping trade lanes open and stressed the importance of refraining from imposing export controls during the pandemic (see 2003260029).
Arent Fox issued an export control reference guide with governments that have imposed export restrictions on personal protective equipment due to the coronavirus COVID-19 pandemic, according to a March 27 post. The law firm recently updated the list to include export control measures imposed by Bahrain, Canada, Kenya, New Zealand and Vietnam, and updated information for controls imposed by India, Singapore and Turkey.