Canada released its 2020 report on military goods exports this week, detailing changes last year to export control policies and providing statistics for a range of export information, including country data and permit licensing information. Canada said it “slightly improved” permit processing times in 2020 and listed Saudi Arabia as its largest non-U.S. export destination. Canada also said it denied 58 applications for exports of military, dual-use and strategic goods or technologies in 2020, a significant increase from the previous five years, when it had denied fewer than 10 permits per year. Forty of the 58 denied permits were for dual-use exports to China or Hong Kong.
U.S.-China Business Council President Craig Allen, former deputy assistant secretary for China in the State Department, said that the Chinese were taken by surprise by how little has changed in the new administration. “There was an expectation between [Donald] Trump and [Joe] Biden, there would be a loosening of technology regulations,” he said, but Commerce Secretary Gina Raimondo has taken steps to tighten export restrictions that affect Huawei, and there have been actions under the new Information, Communications and Telecommunications Services (ICTS) regulations.
A brief sketch of President Joe Biden's budget priorities, released April 9, proposes increasing Commerce Department funding by 28%, or $2.5 billion. In a bullet list of where extra funding would go, without line-item details, the administration said it would like to guarantee “Commerce has additional staff and resources to analyze export control and Entity List proposals, enforce related actions, and implement executive actions related to export controls and secure telecommunications.”
Intel “generally” opposes the U.S. imposing “unilateral export controls” on foreign tech companies suspected of threatening U.S. national security, Tom Quillin, senior director-security and trust policy, told a virtual forum convened April 8 by the Commerce Department’s Bureau of Industry and Security to identify risks in the semiconductor supply chain (see 2103290003). BIS said it will use feedback from the forum, plus comments received in its notice of inquiry (see 2104060045), to help shape recommendations to the White House on President Joe Biden’s Feb. 24 executive order to relieve supply chain bottlenecks (see 2103110047 and 2102240068).
Officials from the Commerce, Energy and State departments held a virtual event with Malaysian government officials this week to commend Malaysia’s efforts to implement strategic export controls. The event was held to commemorate the 10th anniversary of Malaysia’s Strategic Trade Act, which provides a “strong regulatory framework” for export controls, Jeremy Pelter, acting undersecretary for the Bureau of Industry and Security, said in an April 8 statement. The U.S. agencies said they remain “committed to advancing strategic trade control cooperation now and into the future.”
The Bureau of Industry and Security's decision to eliminate certain reporting requirements for encryption items (see 2103260019) should exempt a greater number of companies from filing mandatory declarations with the Committee on Foreign Investment in the U.S., DLA Piper said in an April 6 post.
Three Sheppard Mullin lawyers, across two continents, say the outcome of the new aggressive stance against China's rising technological manufacturing sector is yet to be seen, but that they don't expect the Biden administration to back away from the most significant export control actions taken under President Donald Trump.
The Bureau of Industry and Security's January rule on foreign military intelligence agencies took effect March 16 but the agency may consider revising the scope, according to a BIS spokesperson. The rule, which was issued in January under the Trump administration, was captured as part of the Biden administration’s regulatory freeze as BIS decided whether to follow through with the new export restrictions (see 2103090038). Although the restrictions took effect, an agency spokesperson said March 16 that it will continue to review feedback to determine whether the changes are “warranted.”
White House National Security Advisor Jake Sullivan will be meeting with some top Chinese officials March 18, but the trade war will not be front and center, he told reporters at a White House press conference March 12. A reporter asked what China would have to do for the U.S. to reduce or lift tariffs, or loosen export controls. “I don’t expect that, for example, the phase one trade deal is going to be a major topic of conversation next week,” Sullivan said; instead, it will be more about geopolitical issues and human rights, not details on tariffs and export controls. “But we will communicate that the United States is going to take steps, in terms of what we do on technology, to ensure that our technology is not being used in ways that are inimical to our values or adverse to our security. We will communicate that message at a broad level,” he said. He added that before the U.S. can begin negotiating on trade, there's more work to do with allies, “to come up with a common approach, a joint approach, before we go sit down point by point with the Chinese government on these issues.”
The Biden administration has imposed tighter conditions on previously approved export licenses for some Huawei suppliers, Bloomberg reported March 11. The increased restrictions, which took effect last week, “create a more explicit prohibition on the export” of semiconductors and other components for use in Huawei’s 5G devices, and aim to make the Commerce Department’s export restrictions “more uniform among licensees,” the report said. The move is the latest sign that the Biden administration plans to continue a strict Huawei export licensing policy, which began under the Trump administration and ended with a flurry of license denials during President Donald Trump’s final days in office (see 2101150062). A spokesperson for the Bureau of Industry and Security, which oversees the license applications, said it can't comment on licensing decisions due to “confidentiality provisions.”