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US Prohibitions on Huawei Can Apply to Transactions by Non-US Companies

4 pointsby ETHisso2017almost 6 years ago

1 comment

ETHisso2017almost 6 years ago
Some quotes:<p>&quot;nonpublic U.S.-origin technology necessary to produce a toothbrush may not be provided to Huawei by a company outside the United States without a BIS license.&quot;<p>&quot;“Software” is defined as a “collection of one or more programs or microprograms fixed in any tangible medium of expression.”&quot;<p>&quot;if U.S.-origin 5D002 encryption source code is used to compile 5D002 object code outside the United States, the foreign-made object code would be subject to the EAR when exported to China&quot;<p>&quot;The prohibitions are blind to the nationality of the exporter, reexporter, or transferor of the commodity, software, or technology being transferred to the listed entity. That is, they apply equally to U.S. and non-U.S. persons.&quot;<p>&quot;Violations of the Entity List prohibitions by a non-U.S. company can lead to civil or criminal penalties, or other sanctions that would affect its ability to receive U.S.-origin items&quot;<p>Basically the US is asserting the right to control all trade in technology in the world, as long as (at some point) that technology used or was developed on US technology. Seems a bit excessive, and not sure why any other country would be happy with such an arrangement.
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