Today, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has published a Temporary General License for specific, limited engagement in transactions with Huawei Technologies Co., Ltd. and its sixty-eight non-U.S. affiliates which were added to the BIS Entity List effective May 16, 2019. (See our previous post here). The license is intended to allow Huawei and its affiliates to work temporarily with U.S. companies to continue to support current customers, headsets and to release software updates for existing hardware.
While the license was not published in the Federal Register until today, the temporary general license took effect on May 20, 2019 and will last for 90 days through August 19, 2019. BIS will evaluate whether to extend the license beyond 90 days.
The General License temporarily authorizes the engagement in certain transactions involving the export, reexport and transfer (in-country) of items subject to the EAR to Huawei and its sixty-eight non-U.S. affiliates as described below:
Anyone seeking to undertake a transaction under this Temporary General License must create a certification statement which must specify how their transaction meets the scope of the Temporary General Licensee and then retain that certification statement in accordance with the Export Administration Regulations’ record retention requirements. Persons utilizing the Temporary General License should also be aware that any specific licensing requirements which may have applied to the designated Huawei entities before May 16, 2019 apart from their Entity List designations will continue to apply to transactions performed under the Temporary General License.