The more than $140 million U.S. penalty levied on California chip firm Cadence in July (see 2507290026) is the latest signal that companies should prepare for increasingly "aggressive" export control enforcement, especially for violators of technology controls against China, law firms said. One firm said it shows that the government expects companies to provide access to business information located in China -- even if that may violate China’s anti-foreign sanctions laws -- while another firm said it highlights the challenges companies face when determining whether a customer is a front company for a party on the Entity List.
The future effectiveness of U.S. export controls will depend on which technologies the government targets, how it collaborates with allies, and how well the U.S. is able to resource the Bureau of Industry and Security, said Navin Girishankar and Matt Borman of the Center for Strategic and International Studies.
Sen. Rick Scott, R-Fla., and House Select Committee on China Chairman John Moolenaar, R-Mich., called on the Bureau of Industry and Security Aug. 14 to return China’s Institute of Forensic Science to the BIS Entity List, citing the lab’s "continual and well-documented" human rights abuses.
The export licensing pauses and delays since the Trump administration took over in January are in conflict with the president’s stated goal of boosting American exports and opening new markets for U.S. companies, said Ron Kirk, a former U.S. trade representative.
Malaysia's July export license mandate for shipments of U.S.-origin advanced AI semiconductors could be a precursor to the U.S. carving out Malaysia from upcoming rules on advanced chip exports, a former Bureau of Industry and Security official said.
Rep. Joe Wilson, R-S.C., a senior member of the House Foreign Affairs Committee, urged the Bureau of Industry and Security on Aug. 11 to “move quickly” to remove its export controls on Syria to help the country recover from a 14-year civil war.
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Reps. Jason Crow, D-Colo., and Tom Kean, R-N.J., reintroduced a bill Aug. 8 that would authorize $100 million over four years to upgrade the Bureau of Industry and Security’s aging information technology systems.
Pacific Biosciences of California, an American biotechnology firm, said it recently informed the Bureau of Industry and Security about possible export violations involving China.
Semiconductor companies Nvidia and AMD are expected to pay the U.S. government a portion of the profits they earn from selling certain controlled chips to China, an arrangement that has sparked concerns and questions among exporters, lawmakers and former government officials.