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Biden Nominees May Face Obstacles to Confirmation Without Tougher Huawei Stance, Republicans Say

Three Republican senators asked President Joe Biden’s commerce secretary nominee to clarify whether she would consider removing Huawei from the Entity List, saying such a move would hurt U.S. competitiveness. Sens. Marco Rubio of Florida, Tom Cotton of Arkansas and Ben Sasse of Nebraska said they were concerned when Gina Raimondo declined to tell lawmakers last month whether she would remove export restrictions from Huawei or other Chinese companies (see 2101260047). They also said they will oppose the confirmation of other Biden nominees if they do not outline a clearer, tougher stance on Huawei and other Chinese companies.

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“Although we agree that some export controls, the Entity List, and Foreign Direct Product Rule could be reviewed to strengthen their application, we do not agree that such a review is necessary or desirable in the case of Huawei,” the senators said in a Jan. 29 letter to Raimondo. China is “already taking action to test” whether the Biden administration will continue many of the same restrictions against Chinese companies that were begun under the Trump administration, the letter said, and Raimondo should “be forceful about the strategic imperatives of this moment.”

The lawmakers asked Raimondo to clarify whether she foresees “any scenario” in which Huawei would be removed from the Entity List or whether Commerce would relax the agency’s August and May changes to the foreign direct product rule (see 2008170029 and 2005150058). “It is equally imperative that all nominees to the Department of Commerce follow your leadership in recognizing both the dangers of [the Chinese Communist Party] and the need to obstruct or squeeze [the People’s Republic of China’s] access to U.S. technology that may advance CCP ambitions that are dangerous to U.S. interests,” the senators said. “If these nominees do not make clear that they will adhere to these broad concerns and objectives, they may face substantial opposition from Congress.”