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.
China enacted a new export control law to restrict sales of national security-related goods, mirroring steps taken by the U.S. to strengthen restrictions on sensitive exports to China. The law, which was passed by the National People’s Congress Standing Committee Oct. 17 and takes effect Dec. 1, creates an export control regime with control lists, compliance requirements for industry and a list of prohibited importers and end-users, somewhat similar to the U.S.’s Entity List.
The Bureau of Industry and Security removed 40 entries and added 26 others to its Unverified List, the agency said in a final rule released Oct. 8. BIS removed the 40 entries -- located in China, Hong Kong, Indonesia and the United Arab Emirates -- after verifying their “legitimacy and reliability” relating to the end use of items subject to the Export Administration Regulations or because their companies are no longer “involved in U.S. exports.” BIS added the 26 others -- located in Armenia, Finland, Hong Kong, Germany, Pakistan, Turkey, the UAE, Mexico and China -- because it was unable to verify their “bona fides” through an end-use check. The changes take effect Oct. 9.
The administration should increase export controls and sanctions pressure on China, place more scrutiny on Chinese foreign direct investment and push for the modernization of multilateral export regimes, the House’s Republican-led China Task Force said in a Sept. 30 report. It urged the administration to act quickly, saying China and other U.S. “adversaries” are flouting international export control laws and undermining U.S. technology industries.
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