November - 2020

German customs adds new codes for ATLAS

On 10th November 2020, German customs (Generalzolldirektion, "Zoll") added new codes for ATLAS ("Automatisiertes Tarif- und Lokales Zollabwicklungssystem"), their automated tariff and customs system, with regard to the documentation of cross-border transport of deactivated weapons. To view an information letter regarding the new codes (Nummer 0088/20), see the Teilnehmerinformationen site on the Zoll website or follow this link (automatic download in German).

UK publishes guidance on retaining the blocking regulation after Brexit

On 19th November 2020, the United Kingdom’s Department for International Trade published guidance on how the blocking regulation will function after Brexit. Currently, the blocking regulation protects the trading interests of EU persons trading with countries affected by the extraterritorial application of certain laws, namely current US sanctions against Iran and Cuba. From 1st January 2021, the Blocking Regulation (Council regulation (EC) 2271/96) and Implementing Regulatio

BIS amends EAR, OFAC issues Venezuela-related General License

The U.S. Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) to implement the enforcement portions of the Export Control Reform Act of 2018 (ECRA). Specifically, the amendment implements pre-license checks, post-shipment verification, and overseas investigative authority. This ruling is effective 18th November 2020. Furthermore, on 17th November 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued

New U.S. executive order targets ‘Communist Chinese Military Companies’

On 12th November 2020, the United States published Executive Order (E.O.) 13959, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” Stating that China exploits U.S. capital to fund the development and improvement of its military, intelligence, and security sectors, the E.O. prohibits transactions in publicly traded securities of any “Communist Chinese military company” by any U.S. person. The prohibition comes into effect on

Regional Comprehensive Economic Partnership (RCEP) signed

The heads of state/government of the member states of the Association of Southeast Asian Nations (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam) and Australia, China, Japan, South Korea and New Zealand signed the Regional Comprehensive Economic Partnership Agreement (RCEP) on 15th November 2020 at the virtual 4th RCEP Leaders’ Meeting. The agreement applies to a market with 2.2 billion people (~ 30% of the global popula

UK prepares sanctions for Brexit

As preparation for the end of the transition period, the government of the United Kingdom has published a sanctions guidance website. This website hosts the UK sanctions list of entities designated under the Sanctions and Anti-Money Laundering Act 2018 (“Sanctions Act”). Currently, the UK only implements a global human rights sanctions regime through regulations under the Sanctions Act and EU sanctions continue to apply in the UK. When the transition period ends at 11pm on 31

European Commission extends customs duties- and VAT-exemptions for certain goods due to COVID-19

The European Commission has amended Decision (EU) 2020/491, giving relief from import duties and value added tax (‘VAT’) on goods needed to combat the effects of the 2020 COVID-19 outbreak. Commission Decision (EU) 2020/1573 of 28th October 2020 extends the exemptions to the end of 2020. For more details, see the text of EU 2020/1573 and the statement from the European Commission President.

UK reminds businesses to prepare for 1 January 2020

The United Kingdom’s HM Revenue & Customs has sent letters and emails to all VAT-registered Great Britain businesses that trade with the EU and/or the rest of the world. The correspondence highlights the actions businesses need to take to continue trading with the EU from 1st January 2021, when the transition period with the EU ends. For further details please see the news story and correspondence.

European Commission requests feedback from academia on pending dual-use export compliance document

The European Commission plans to publish non-binding guidance, which will take the form of a Commission Recommendation, in an effort to support “research institutions and the national competent authorities in their effort to ensure compliance with EU and national export laws and regulations.” This targeted consultation specifically aims to increase research community awareness and compliance of dual-use export regulations and requirements. The Commission requests that all con

U.S. Bureau of Industry and Security amends EAR, proposes new rule, and requests comments

On 29th October 2020, the U.S. Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by revising the review policy for licenses of items controlled due to national security reasons with a destination of the People's Republic of China, Venezuela, or the Russian Federation. Additionally, on 6th November 2020, BIS published a proposed rule regarding Export Control Classification Number (ECCN) 2B352. This proposed rule states that “software” us

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