Speaking of Huawei and Trade Sanctions…
A seemingly kinder and gentler US Bureau of Industry & Security issued an ‘interim final rule’ that revised Export Administration Regulations concerning the release of certain technology and software in the context of standards setting and development in standards organizations. The ruling is the result of considerable pushback from industry stakeholders concerning clarification of the government’s stance on what are called ‘low-level’ technology releases to those on the entities list, particularly Huawei and its affiliates.
In June of last year the BIS called for public comments concerning the release of ‘certain items’ to ‘certain entities’ in a standards organizational environment, which has been a sore spot given Huawei’s vast collection of IP and hardware relating to wireless technology, leaving many to wonder whether they were or could be in the future, violating US trade restrictions with Huawei when participating in standards discussions. The ruling is said to ensure that US stakeholders are fully engaged in international standards organizations and are not limited by a lack of clarification as to what technology might need a BIS license, while ‘preventing technology transfers that harm our national security.’ In other words, you can work with Huawei on standards because without them the standards are not real ‘standards’ because they would not necessarily include China, although this doesn’t include others on the entities list. Or…rules are rules until they no longer serve our purpose…
In June of last year the BIS called for public comments concerning the release of ‘certain items’ to ‘certain entities’ in a standards organizational environment, which has been a sore spot given Huawei’s vast collection of IP and hardware relating to wireless technology, leaving many to wonder whether they were or could be in the future, violating US trade restrictions with Huawei when participating in standards discussions. The ruling is said to ensure that US stakeholders are fully engaged in international standards organizations and are not limited by a lack of clarification as to what technology might need a BIS license, while ‘preventing technology transfers that harm our national security.’ In other words, you can work with Huawei on standards because without them the standards are not real ‘standards’ because they would not necessarily include China, although this doesn’t include others on the entities list. Or…rules are rules until they no longer serve our purpose…
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