“By leaving ZTE off the hook, the president, who was screaming like a lion, governs like a lamb when it comes to China,” said Democratic Senate leader Chuck Schumer in a statement in response to the Reuters report on the preliminary deal. “Congress should go beyond parties to immediately block this agreement.” The ban was imposed after ZTE failed to comply with an agreement with the Commerce Department in 2017, when it pleaded guilty in a federal court in Texas to conspiring to circumvent U.S. embargoes by illegally shipping U.S. goods and technology to Iran. ZTE, based in Shenzhen, has a subsidiary in Richardson, Texas. ZTE will also be required by the new agreement to maintain a team of compliance coordinators selected by the Department`s Office of Industry and Safety for a period of 10 years and placed under the authority of the Office of Industry and Safety (BIS). Its mission will be to monitor real-time compliance with U.S. export control legislation. This is the first time that the BIS has received such strict compliance measures in all cases.
The new agreement again provides for a refusal order, this time for 10 years, which THE BIS will be able to activate in the event of an additional infringement during the ten-year trial. Finally, ZTE also replaced the entire board of directors and the management of the two units. ZTE, which has developed sophisticated plans to cover up illegal activities, agreed to plead guilty after the Commerce Department threatened to cut off its global supply chain. The company continued to gain access to the U.S. market as part of the 2017 agreement. Under a new agreement, according to the sources, ZTE will retain another compliance holder in addition to the three-year monitor that was appointed by the court and which was imposed by the fundamental agreement. The re-examination of ZTE will take place immediately after the end of the business trial period, which was agreed with the Ministry of Justice as part of the March 2017 snack. As part of the agreement, ZTE accepted a civil and criminal fine and a loss of $1.19 billion. NBC News has not been able to determine which ZTE transactions in which countries federal lawyers are investigating. However, as part of the 2017 agreement with the Ministry of Justice, ZTE has agreed to implement and maintain a compliance and ethics program to detect violations of sanctions and export controls.