Request for Comments on Future Extensions of Temporary General License (TGL)
| Citation | 85 FR 14428 |
| Record Number | 2020-05194 |
| Published date | 12 March 2020 |
| Court | Industry And Security Bureau |
Federal Register, Volume 85 Issue 49 (Thursday, March 12, 2020)
[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Proposed Rules]
[Pages 14428-14429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05194]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 200310-0073]
RIN 0694-ZA02
Request for Comments on Future Extensions of Temporary General
License (TGL)
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Notification of inquiry.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is requesting
comments on future extensions of a temporary general license under the
Export Administration Regulations (EAR). BIS is requesting these
comments to assist the U.S. Government in evaluating whether the
temporary general license should continue to be extended, to evaluate
whether any other changes may be warranted to the temporary general
license, and to identify any alternative authorization or other
regulatory provisions that may more effectively address what is being
authorized under the temporary general license.
DATES: Submit comments on or before March 25, 2020.
ADDRESSES: You may submit comments, identified by docket number BIS
2020-0001 or RIN 0694-ZA02, through the Federal eRulemaking Portal:
http://www.regulations.gov. Follow the instructions for submitting
comments.
All filers using the portal should use the name of the person or
entity submitting comments as the name of their files, in accordance
with the instructions below. Anyone submitting business confidential
information should clearly identify the business confidential portion
at the time of submission, file a statement justifying nondisclosure
and referencing the specific legal authority claimed, and provide a
non-confidential version of the submission.
For comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business
[[Page 14429]]
confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked
``PUBLIC.'' The file name of the non-confidential version should begin
with the character ``P.'' The ``BC'' and ``P'' should be followed by
the name of the person or entity submitting the comments or rebuttal
comments. All filers should name their files using the name of the
person or entity submitting the comments. Any submissions with file
names that do not begin with a ``BC'' or ``P'' will be assumed to be
public and will be made publicly available through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Director, Regulatory Policy Division,
Bureau of Industry and Security, Department of Commerce, by phone at
(202) 482-2440 or email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
As published on May 22, 2019 (84 FR 23468), extended and amended
through a final rule published on August 21, 2019 (84 FR 43487), and as
currently extended through a final rule published on February 18, 2020
(85 FR 8722) Commerce has authorized the temporary general license
(TGL) to Huawei Technologies and 114 of its non-US affiliates on the
Entity List. This extension authorizes support of existing networks and
equipment as well as the support of existing mobile services.
Exporters, reexporters, and transferors are required to maintain
certifications and other records, to be made available when requested
by BIS, regarding their use of the temporary general license. This TGL
in Supplement No. 7 to part 744 of the Export Administration
Regulations (EAR) is limited to authorizing transactions to one or more
of the activities described in paragraphs (c)(1) through (3) of the
TGL, destined to Huawei Technologies Co., Ltd. (Huawei) or any of its
affiliates listed on the Entity List.
As published on May 22, 2019 (84 FR 22961), and as revised and
clarified by a final rule published on August 21, 2019 (84 FR 43493),
any exports, reexports, or in-country transfers of items subject to the
EAR to any of the listed Huawei entities as of the effective date they
were added to the Entity List continue to require a license, with the
exception of transactions explicitly authorized by the temporary
general license and eligible for export, reexport, or transfer (in-
country) prior to May 16, 2019 without a license or under a license
exception. License applications will continue to be reviewed under a
presumption of denial, as stated in the Entity List entries for the
listed Huawei entities.
No persons are relieved of other obligations under the EAR,
including but not limited to licensing requirements to the People's
Republic of China (PRC or China) or other destinations and the
requirements of part 744 of the EAR. The temporary general license also
does not authorize any activities or transactions involving Country
Group E countries (i.e., Cuba, Iran, North Korea, Sudan, and Syria) or
nationals.
Request for Comments on Future Extensions of Validity
BIS welcomes comments from the public on the impact on companies,
organizations, individuals, and other impacted entities in the
following areas.
1. What would be the impact on your company or organization if the
temporary general license is not extended?
2. Given the TGL was implemented to prevent the interruption of
existing network communication systems and equipment, as set forth in
paragraphs (c)(1) through (3) of the TGL, and allow time for companies
and persons to shift to other sources of equipment, software and
technology (i.e., those not produced by Huawei or one of its listed
affiliates), what would be required for your organization or industry
to achieve such an end-state? For your industry or organization how
long would it take until the authorization(s) in the temporary general
license would no longer be required? What are costs associated with
this shift and are there issues where the prohibited equipment,
software and technology are prevalent and alternative solutions may not
be available? Are there specific use cases where cessation of use is
not feasible?
3. If the TGL is extended, what potential revisions should BIS
consider to enhance effectiveness for both covered transactions and
transactions outside of the scope of the temporary general license?
4. What potential alternatives to either extending the TGL or
allowing it to expire will facilitate compliance with the supplemental
requirements of the Entity List entries for Huawei and its listed
affiliates while reducing complexity for implementation purposes?
5. There may be further costs associated with the current extension
or non-extension of the current TGL (e.g., lost business
opportunities)--what are they and what additional guidance should BIS
consider?
Instructions for the submission of comments, including comments
that contain business confidential information, are found in the
Addresses section of this notice.
Dated: March 10, 2020.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2020-05194 Filed 3-10-20; 4:15 pm]
BILLING CODE 3510-33-P
