Semiconductor companies are still awaiting licensing decisions on their chip-related activities involving China under the U.S.’s new export controls, with some concerned that licenses awarded to their competitors could hurt their revenue. In earnings calls and filings with the Securities and Exchange Commission this month, U.S. chip and technology companies said they continue to prepare for drops in sales to China and that they fear Chinese customers may soon replace them with alternative suppliers, causing some U.S. companies to permanently lose their market share in China.
Exports to China
A Chinese invasion of Taiwan, or any other type of “conflict” initiated against the island by Beijing, would have “immediate and dramatically negative effects on China’s ability to import and export goods” and would spur a range of international sanctions, the Center for Strategic and International Studies said in a Nov. 22 report. CSIS said the U.S. and other Western countries would impose strict sanctions and export controls against China, which would “probably persist for months or perhaps years after a conflict, even if U.S. military forces are defeated” in the case of a war.
The U.S. needs to provide universities with clearer guidance on what types of research activities they can conduct and share with China, the Massachusetts Institute of Technology said in a report this week. The report, authored by MIT’s China Strategy Group, said U.S. schools face challenges managing outside “pressures” while also “preserving open scientific research,” which risks damaging American research abilities and chilling technology collaboration.
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The U.S. needs to abandon the current model of multilateral export control regimes and move toward control agreements with smaller groups of allies in specific technology areas, said Liza Tobin, the National Security Council’s former China director. Tobin, speaking during an Emerging Technology Technical Advisory Committee meeting last week, also said the U.S. should look to impose technology-specific controls on items destined to China rather than end-use- and end-user-based controls, which are proving increasingly ineffective.
The Bureau of Industry and Security’s new Unverified List policies, which allow the agency to move a company from the UVL to the Entity List if it can’t complete an end-use check within 60 days, likely will lead to an uptick in companies added to the Entity List, said Nazak Nikahtar, former acting BIS undersecretary. Nikakhtar said she believes many Chinese companies added to the UVL won’t participate in an end-use check that meets the U.S.’s standards.
The U.K. this week ordered a subsidiary of China’s Wingtech Technology to divest from Britain's largest microchip facility, Nexperia Newport (formerly Newport Wafer Lab), several months after U.S. lawmakers urged the Biden administration to intervene in the acquisition. The U.K.’s Department for Business, Energy & Industrial Strategy’s decision will force Wingtech’s subsidiary, Netherlands-based Nexperia, to sell at least 86% of its stake in Nexperia Newport “within a specified period and by following a specified process.” Nexperia acquired the stake in then Newport Wafer Lab in 2021.
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Congress should create a new, “permanent” committee in the executive branch tasked with planning sanctions against China under “a range of possible scenarios,” including if it invades Taiwan, a congressional commission said this week. The bipartisan commission also said the Commerce Department should provide Congress with regular enforcement and licensing reports on certain China-related export control decisions and said the administration should create a new list of Chinese firms that should be subject to strict export licensing requirements.
U.S. and foreign companies “seem to be equally confused” by the Bureau of Industry and Security's new China chip export restrictions (see 2210070049), said Alison Stafford-Powell, a trade compliance lawyer with Baker McKenzie, speaking Nov. 15 during a virtual event hosted by the law firm. She called the new BIS rule “incredibly complex" and said industry needs more guidance from the agency.