The U.S. Department of Commerce’s Bureau of Industry and Security has yet again issued an extension of the Temporary General License (TGL) applied to Huawei Technologies Co. Ltd. (Huawei) and its listed non-U.S. affiliates that partially restores the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, re-exports, and in-country transfers. This most recent TGL extension is for 45 days and ends on May 1, 2020. The Commerce Department first added Huawei and its affiliates to its banned “Entity List” in May 2019, at which time it also created a TGL to allow for the continued secure operation of portions of telecommunications systems while new suppliers of equipment, software, and technologies are found. The TGL was then extended three times in the past year. The Commerce Department has also announced the release of a Notification of Inquiry seeking comment on whether or not the department should continue extending the TGL, whether any other changes may be warranted to the TGL, and to identify any alternative authorization or other regulatory provisions that more effectively address what is being authorized under the TGL. Comments are due on or before Wednesday, March 25, 2020.
