Export Compliance Daily is providing readers with the top stories for Aug. 9-13 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
The Biden administration should continue to increase Chinese trade restrictions but has done a good job pressuring the country so far, said Nazak Nikakhtar, a former acting head of the Bureau of Industry and Security during the Trump administration. Nikakhtar recently told Nikkei Asia she and others were initially “nervous” that President Joe Biden would ease some restrictions but has been pleased to see a continuation of many of the same export control measures begun under President Donald Trump.
A group of House Republicans called on the Commerce Department to add Chinese smartphone maker Honor Device Co. Ltd. to the Entity List and asked for a briefing with the agency’s End-User Review Committee to ensure the administration is “moving with enough speed” on export controls. Because Huawei sold Honor Device Co., the company can access technology that “should be restricted,” the lawmakers said in an Aug. 6 letter to Commerce Secretary Gina Raimondo.
The House’s Republican Study Committee released a counterproposal to the Senate’s Endless Frontier Act that would call for a host of new sanctions against China, continue U.S. export control authorities and make some changes to the Committee on Foreign Investment in the U.S. The committee’s Countering Communist China Act, released July 29, calls for broad U.S. sanctions actions, including designations against Chinese technology applications, various senior government officials, foreign people that steal U.S. intellectual property and “foreign persons that knowingly spread malign disinformation … for purposes of political warfare.” The Treasury Department’s Office of Foreign Assets Control would also be authorized to hire 10 new employees to “carry out activities of the Office associated with the People’s Republic of China.”
The U.S. may need to create new, stronger tools other than its current sanctions and export controls to penalize foreign countries that violate international laws, said Nazak Nikakhtar, former acting undersecretary of the Bureau of Industry and Security. While Nikakhtar cautioned the U.S. against overusing trade restrictions, she also said they need to be bolstered because some foreign governments and companies are “easily” circumventing them.
Changi Esquel Textile (CJE), a Hong Kong-based apparel company and part of the Esquel group of companies, filed for a preliminary injunction on July 19 against its placement on the Commerce Department's Entity List. The company is seeking the injunction even though it expects an announcement soon on potential changes to its status on the list, it said. "The government has informed Plaintiffs that there will likely be a development regarding CJE’s continued Entity List designation by August 1," the company said.
Yi-Chi Shih, a Hollywood Hills, California, resident, was sentenced to over five years in prison for his role in a scheme to illegally ship integrated circuits with military applications to China, the Department of Justice said July 22. Shih was convicted of violating the International Emergency Economic Powers Act and the Export Administration Regulations and fined more than $600,000 in fines and restitution to the IRS (see 1907020071).
The Bureau of Industry and Security added six Russian entities to the Entity List for activities that threaten U.S. national security and foreign policy, the agency said in notice. The entities operate in Russia’s technology sector and support the country’s intelligence services, BIS said. The Treasury Department sanctioned all six companies in February under President Joe Biden’s executive order that targeted Russia’s defense and technology sectors and its attempts to influence foreign elections (see 2104150019). BIS also corrected one existing Russian entry on the Entity List. The rule is effective July 19.
The Bureau of Industry and Security will add six Russian entities to the Entity List for activities that threaten U.S. security and foreign policy, it said in a notice released July 16. The entities, previously sanctioned by the Treasury Department under President Joe Biden’s February executive order, operate in Russia’s technology sector and support the country’s intelligence services, the agency said in the notice, which is scheduled to take effect upon publication of the notice July 19. BIS will impose a license requirement for all items subject to the Export Administration Regulations and a license review policy of presumption of denial. No license exceptions will be available. BIS also corrected one existing Russian entry on the Entity List.
Companies are continuing to see heavy U.S. enforcement surrounding Chinese attempts to steal U.S. trade secrets, and the government is increasingly expecting U.S. companies to voluntarily disclose violations surrounding those and other cases, lawyers said. The U.S. is hoping to increase enforcement by incentivizing companies to self-disclose sanctions and export control compliance mistakes, especially through the Department of Justice's revised disclosure policy guidelines (see 1912130047), the lawyers said.