U.S. further restricts Huawei exports and extends temporary general license

On 15th May 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it will further restrict Huawei’s “ability to use U.S. technology and software to design and manufacture its semiconductors abroad.” Specifically, the following foreign-produced items will be subject to the Export Administration Regulations (EAR):

(i) Semiconductor designs by Huawei and its affiliates on the Entity List, that are direct products of U.S. Commerce Control List (CCL) software and technology; and

(ii) Chipsets produced from Huawei designs or designs from an affiliate on the Entity List, that are produced directly from CCL semiconductor manufacturing equipment located outside the U.S.

These foreign-produced items will require a license for re-export, export from abroad, or transfer (in-country) to Huawei or any of its affiliates on the Entity List. For further information, see Federal Register entry 85 FR 29849 and the following press release: https://www.commerce.gov/news/press-releases/2020/05/commerce-addresses-huaweis-efforts-undermine-entity-list-restricts

Additionally, on 15th May 2020, the U.S. Department of Commerce’s announced that it has extended the temporary general license (TGL) for Huawei Technologies Co. Ltd. and its non-U.S. affiliates on the Entity List for 90 days. With this announcement the Department of Commerce also has stated that activities in the TGL may be “revised and possibly eliminated” after 13th August 2020. For further information, see the Department of Commerce's press release: https://www.commerce.gov/news/press-releases/2020/05/department-commerce-issues-expected-final-90-day-extension-temporary