Technology companies, trade groups, think tanks and researchers urged the government to be cautious as it evaluates its semiconductor-related export controls and prepares new ones, warning that misguided restrictions could cede American technology leadership to China, hurt the competitiveness of U.S. companies and raise the complexity of an already fraught compliance landscape.
BIS Entity List
The Entity List is a BIS trade restriction list consisting of entities deemed a national security concern and therefore subject to license requirements for exporting specified items, such as some U.S. technologies. Inclusion on the Entity List is more severe than being placed on the Unverified List.
A 2022 Bureau of Industry and Security policy change has continued to lead to improved Chinese cooperation with BIS end-use checks, an agency official said Jan. 23.
The Bureau of Industry and Security last week removed three companies from the Unverified List after it was able to successfully complete end-use checks.
The Bureau of Industry and Security this week added 13 Chinese companies to its Unverified List after it was unable to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports. If BIS is unable to complete an end-use check on those companies within 60 days, it can move them to the more restrictive Entity List.
The Bureau of Industry and Security added 13 Chinese technology companies to its Unverified List, it said in a final rule effective Dec. 19. BIS said it hasn’t been able to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports. All export license exceptions involving those parties will be suspended, and exporters must file certain Electronic Export Information and obtain a statement from any party listed on the UVL before proceeding with certain exports.
The Bureau of Industry and Security last week removed four Chinese companies from the Unverified List after it was able to successfully complete end-use checks.
The Bureau of Industry and Security and the Financial Crimes Enforcement Network this week issued another set of export control evasion red flags for financial service firms along with a new key term that banks and others can include in their suspicious activity reports to FinCEN. The new term will “enable even more BIS investigative and Entity List actions against” people and companies looking to evade U.S. export controls, said Matthew Axelrod, BIS’ top export enforcement official.
The Biden administration needs to soon update its China-related chip export controls and apply “full blocking sanctions” to Huawei and China’s Semiconductor Manufacturing International Corp., top House Republicans recently said in a letter to National Security Adviser Jake Sullivan. Those measures and others will address what the lawmakers said has been a ”failure” by the administration and the Bureau of Industry and Security to properly enforce the Oct. 7 chip restrictions, which placed new license requirements on a host of chip-related exports and activities involving China.
A spokesperson for China's Ministry of Foreign Affairs said China "welcomes" the Bureau of Industry and Security's recent move to drop 33 entities from its Unverified List after the agency carried out end-use checks (see 2308210015). The move, which included Chinese companies, shows that both countries can address "specific concerns through communication based on mutual respect," the spokesperson said. In a separate release, the country's Ministry of Commerce said the BIS decision is "conducive to the normal trade between Chinese and American companies and is in line with the common interests of both parties," according to an unofficial translation. BIS made the move after an agency policy change that lets it move companies from the UVL to the Entity List if BIS is unable to conduct an end-use check on those companies within 60 days.
The Bureau of Industry and Security this week removed 33 entities from its Unverified List -- including Chinese technology companies and universities -- after it was able to successfully complete end-use checks. The entities include 27 based in China, two in Pakistan and one each in Indonesia, Singapore, Turkey and the United Arab Emirates. The agency also removed two Russian entities from the UVL because it placed both on the more restrictive Entity List last year.