The Bureau of Industry and Security this month released the full set of comments it received on its pre-rule for foundational technologies (see 2008260045 and 2010070012), including hundreds of pages of feedback from U.S. and global semiconductor companies urging the agency to refrain from imposing narrow, unilateral export controls. BIS also received comments from some of the world’s largest technology companies, including Google and Microsoft, both of which told BIS that its controls could create unmanageable problems for compliance programs.
Exports to China
China criticized the U.S. move to add Chinese companies to its Entity List last week (see 2012180039), saying it unfairly suppresses Chinese industry and is an abuse of export controls. A Chinese Foreign Ministry spokesperson urged the U.S. to reverse the measures. “China firmly opposes this and will take necessary measures to resolutely safeguard the legitimate rights and interests of Chinese companies,” the spokesperson said Dec. 19, according to an unofficial translation of a release of a press conference transcript.
The Bureau of Industry and Security plans to officially release the first tranche of its military end-user list (see 2012080046) Dec. 22, naming 103 companies that require licenses to receive certain U.S. exports, reexports or transfers. The first tranche will include 58 Chinese and 45 Russian companies that represent an “unacceptable risk of use in or diversion to” a military end-use or military end-user in China, Russia or Venezuela, the Commerce Department said Dec. 21.
The Bureau of Industry and Security added 77 entities and people to the Entity List, including China’s top chipmaker, to further prevent China and other countries from acquiring sensitive U.S. technologies, the agency said Dec. 18. Along with China’s Semiconductor Manufacturing International Corporation, the Entity List additions include China-based DJI, one of the world’s largest drone makers, and companies in Bulgaria, France, Germany, Hong Kong, Italy, Malta, Pakistan, Russia and the United Arab Emirates.
As the U.S. increasingly relies on sanctions, export controls and trade restrictions as foreign policy tools, it should expect China to follow its example, former U.S. government officials said. While other countries are beginning to mimic U.S. trade strategies, the policies are most notably taking hold in China, the officials said, which recently rolled out an export control regime (see 2010190033), has increased threats of sanctions for foreign interference in Hong Kong and Taiwan (see 2012100022 and 2010260017) and issued regulations for its unreliable entity list (see 2009210017).
China is a threat to the U.S., Sen. Tom Cotton, R-Ark., said, and he said there's a risk that “the next administration could roll back much of the progress we’ve made the past few years, in an attempt to return to the failed dream of engaging and accommodating China.” Cotton, the chairman of the Senate Banking Committee Subcommittee on Economic Policy, led a subcommittee hearing Dec. 16 on U.S.-China Economic Competition. Cotton said during the hearing that export controls must be tightened.
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The Commerce Department will not publish its long-awaited proposed regulations on routed export transactions (see 2007150044) this year and is experiencing delays on other rules, including another set of export controls from the 2019 Wassenaar Arrangement, a Commerce official said. Hillary Hess, the Bureau of Industry and Security’s regulatory policy director, cited a combination of internal BIS delays and a backlog at the Federal Register for the slowdown.
China's attempts at using economic tools, such as export controls on rare earth minerals or punishing imports from Australia, have only been somewhat successful, according to Maximilian Ernst, the speaker on the American Institute for Contemporary German Studies webinar Dec. 7, called “How to Respond to China’s Carrots and Sticks? Prospects of a Transatlantic Response to Chinese Economic Coercion.” Ernst is researching Chinese coercion for a Ph.D.
The U.S. sanctioned 14 officials on China’s National People’s Congress Standing Committee associated with Hong Kong’s so-called national security law, the latest escalation in a series of U.S. designations aimed at Beijing. The sanctions target various NPCSC vice chairpersons who were involved in “developing, adopting, or implementing” the law, which has allowed Beijing to “stifle dissent” and arrest pro-democracy advocates, the State Department said Dec. 7.