“Authorized transactions” include the continued operation of existing networks and equipment, support to handsets acquired before Thursday, cybersecurity research and vulnerability disclosure and “engagement as necessary for development of 5G standards by a duly recognized standards body.”
“Usage of this Temporary General License is an open door for BIS Export Enforcement to visit your operation to ensure that you have complied with the conditions, are eligible under one of the authorizations and that you have made the appropriate certifications prior to the release of the transaction,” warned Paul DiVecchio, owner of DiVecchio & Associates, a Boston-based export compliance consultancy. “When this occurs, you better be prepared to demonstrate that you’re in compliance.”
DiVecchio, whose commentary “Why this export compliance consultant is ‘mad as hell’” was featured in American Shipper Monday, also urged U.S. companies to work closely with their freight forwarders and express carriers involving shipments that qualify for the TGL.
Since the forwarders and express carriers will conduct restricted party screening, they will get a hit and will not move the freight unless the exporter can provide written assurance that the transaction qualifies for the TGL.
“Anticipate mass confusion,” DiVecchio said.