License Requirements and Exceptions

The Foreign Direct Product Rule, License CIV and APR: The Finer Points of Interpreting and Applying Recent Changes-and Managing Their Practical Impact

October 22, 2020 1:00pm

Christine E. Savage
Partner
King & Spalding LLP

Kay Georgi
Partner
Arent Fox LLP

  • Increasing number of foreign-made items captured by the EAR, including certain generic, commercial and off-the-shelf items
  • What is entailed in the case-by-case review policy for foreign-made items that are capable of supporting the “development” or “production” of telecom systems, equipment and devices at only below the 5G level
  • How should companies interpret the new Foreign Direct Product Rule?
  • What are the prospects for more changes to the Foreign Direct Product Rule and/or BIS guidance?
  • Aftermath of the expiration of the Huawei Temporary General License
  • Impact of the elimination of license exception CIV?
  • Status of BIS’ proposal to eliminate APR
  • Securing flexible licensing replacements for CIV and APR
  • When are items “produced or developed” by Huawei? What level of technical contribution does it take?