The Commerce Department published its fall 2020 regulatory agenda for the Bureau of Industry and Security, including new mentions of rules to amend Hong Kong under the Export Administration Regulations, releases of controlled technologies to standards setting bodies and a range of new technology controls.
Leaders of a congressional commission on China asked Intel and Nvidia to explain whether they knew their technology exports to China would help the government conduct mass surveillance of Muslim minorities and eventually lead to human rights violations. In Dec. 4 letters, Rep. James McGovern, D-Mass., and Sen. Marco Rubio, R-Fla., chair and co-chair, respectively, of the Congressional-Executive Commission on China, said they are concerned that sales of the companies’ computer chips are helping to power a Chinese supercomputer being used to suppress minorities in the Xinjiang region, The New York Times reported Nov. 22.
As China continues to gain ground in technology competition with the U.S., Congress should pursue more investment and visa restrictions to prevent China from accessing sensitive U.S. technologies, the U.S.-China Economic and Security Review Commission said in a Dec. 1 report. Commissioners said China’s access to U.S. technologies is helping it innovate and export surveillance tools and other advanced technologies globally.
The Bureau of Industry and Security expects to roll out a more multilateral approach to export controls under the Joe Biden administration but does not expect any major changes to its China policies or Entity List decisions, a senior Commerce Department official said. The official pointed to the strong bipartisan support among lawmakers for Chinese sanctions and export controls, which likely will continue under a new administration. “I don't see that going away. I think the Hill is engaged. I think at least from what President-elect Biden has announced with his Cabinet, these are folks who are familiar with the national security issues,” the official, who declined to be named in order to speak candidly about BIS, said in an interview last week. “So I don't expect a lot of substantive change.”
Cordell Hull, who has led the Bureau of Industry and Security for the last year (see 1911180040), will resign next month ahead of the incoming Joe Biden administration. His last day will be Dec. 4, a BIS spokesperson said. “I am proud of what we have achieved on important issues of national security at BIS and I have decided to look for the next challenge in the private sector,” Hull said in a Nov. 19 statement. “I am grateful to Secretary [Wilbur] Ross for giving me this opportunity to serve.”
When the Joe Biden administration takes office, it will likely continue the Commerce Department's emphasis on export controls and entity listings to stay ahead in technology competition with China, said Eric Sayers, an Asia-Pacific policy expert with the Center for a New American Security. Although both tools have been heavily used by the Trump administration, Biden might do more to convince allies to also impose those restrictions, especially as the U.S. fights to maintain commercial leadership in the semiconductor sector, Sayers said.
China’s new export control law (see 2010190033 and 2010220024) is expected to significantly impact trade and may include “very broad” catch-all controls, leading to compliance burdens for companies doing business in China, law firms said. Businesses should review their compliance programs to make sure they are prepared for the regulations and to avoid potential Chinese penalties, firms said, which could be severe.
In a think tank effort that seems to assume a change in Washington, though never explicitly says it, the Peterson Institute for International Economics says there should be a return to more conservative use of export controls and entity lists to manage the threat of Chinese access to advanced technology for nefarious purposes. Martin Chorzempa, a PIIE research fellow, discussed a memo he authored to a future Commerce undersecretary for export controls in the next administration, during an Oct. 22 webinar at PIIE.
China said the U.S. has been harassing and falsely arresting Chinese students at airports amid more U.S. export control oversight relating to university research. Nearly 300 students “experienced U.S. harassment and interrogation” from May to September, a Chinese Foreign Ministry spokesperson said Oct. 21. “Their cell phones, laptops and other personal belongings were arbitrarily examined and even seized,” the spokesperson said. “We lodged solemn representations with the U.S. side many times, urging it to correct mistakes and stop discriminatory behaviors against Chinese students.”
Tension in relations on technology issues between the U.S. and China over data security, privacy and telecom gear are making life complicated for some American companies, experts told the Technology Policy Institute Aspen Forum. They generally agreed that aspects of the current U.S. approach may be unique to this administration and may have shortcomings. Neither the White House nor China's embassy in Washington commented Oct. 21, when the TPI video was released as part of its ongoing conference.