The Bureau of Industry and Security added 60 entities to the Entity List, including 24 entities for helping the Chinese military build artificial islands in the South China Sea. BIS also designated entities in France, Hong Kong, Indonesia, Malaysia, Oman, Pakistan, Russia, Switzerland and the United Arab Emirates for a range of activities, including illegal exports to Iran, submitting false information to BIS, contributing to Russian biological weapons programs and more. BIS also revised five existing entries under Canada, Germany, Hong Kong, Iran and the UAE.
Exports to China
The Trump administration will likely continue to impose restrictions on transactions with large Chinese technology companies, particularly as the Committee on Foreign Investment in the U.S. places more scrutiny on Chinese investments involving personal data, trade lawyers said. Industry should prepare for more announcements similar to President Donald Trump’s executive orders on TikTok and WeChat (see 2008070024), one lawyer said.
The Commerce Department’s lengthy rollout of export controls over emerging and foundational technologies may be impeding congressionally mandated export control reform measures and the work of the Committee on Foreign Investment in the U.S., the Congressional Research Service said in a report Aug. 21. Commerce’s effort, mandated by the Export Control Reform Act of 2018, has resulted in several export control notices, including on geospatial imagery software (see 2001030024) and items agreed to by multilateral control bodies (see 2006160034). But Commerce has yet to release its advance notice of proposed rulemaking for foundational technologies (see 2008040008), and the pace of the controls has frustrated some in industry (see 2002040057 and 1911070014).
A top U.S. intelligence official urged companies to avoid supply chains involving Huawei, and said there is a strong push within the administration to bolster domestic production of 5G technologies. Constance Taube, National Counterintelligence and Security Center deputy director, said U.S. companies should approach Huawei and other Chinese state-controlled companies with a high degree of skepticism, saying their supply chains will ultimately benefit from more trusted actors.
Flir Systems, a U.S.-based producer of thermal imaging cameras, is being investigated for possible export control violations, the company said in an Aug. 6 filing with the Securities and Exchange Commission. Flir said it voluntarily disclosed the potential violations to the State, Commerce and Justice departments in 2017.
The Chinese government is placing more of an emphasis on infiltrating U.S. companies and universities to steal export controlled technologies, said John Demers, the U.S. assistant attorney general for national security. China has increasingly turned to its intelligence agencies, such as the Ministry of State Security, to embed officials in U.S. institutions, Demers said.
The U.S. should stop restrictive trade measures against China, which are hindering the phase one trade deal between the two countries, China’s Assistant Commerce Minister Ren Hongbin told told reporters Aug. 13.
The worsening U.S.-China trade relationship is continuing to hurt U.S. companies, which are increasingly losing Chinese customers to European, Japanese and domestic Chinese firms, U.S.-China Business Council officials said. But despite the rising tensions, USCBC President Craig Allen said he is hopeful China will meet its phase one purchase commitments, and said the two sides should begin discussing phase two during an expected meeting between trade officials this week.
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U.S. export controls are set to become more of a factor at universities worldwide as U.S.-China technology competition accelerates, forcing academic institutions to adjust to an expanding basket of regulations and compliance standards, a Hinrich Foundation report said. Colleges, which already struggle with insufficient government export control guidance (see 2005120053), need to be prepared for increased controls on software and networks, placement of foreign universities on blacklists and bans on certain foreign funding, the report said.