Wiley Rein analyses Trump Administration's extension of Huawei Temporary General License and the
Today, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) took significant actions related to Huawei Technologies Co., Ltd. First, it announced a 90-day extension of the Temporary General License (TGL) that authorizes specific, limited engagements with Huawei and its designated affiliates. Second, it is imposing comprehensive export restrictions on 46 additional Huawei entities.
In May, BIS added Huawei and a number of its non-U.S. affiliates to its Entity List, banning exports, reexports, and transfers of U.S. hardware, software, and technology (including common, off-the-shelf electronic components and commercial software) to such entities without authorization from BIS. Shortly thereafter, BIS issued a limited TGL authorizing certain transactions with Huawei—namely, transactions necessary to (1) maintain existing networks/equipment, (2) service and support existing handsets, (3) ensure the integrity of existing networks/equipment via security vulnerability disclosures, and (4) develop 5G standards as part of a duly recognized standards body. The TGL was set to expire today but has been extended through November 18. According to BIS, the 90-day extension is “intended to afford consumers across America the necessary time to transition away from Huawei equipment, given the persistent national security and foreign policy threat.”