The Bureau of Industry and Security has begun a broad review of new export controls on surveillance technologies going to China, which may also include additions to the agency’s Entity List, Acting Commerce Undersecretary for Industry and Security Cordell Hull said. Hull called the review “comprehensive” and “in-depth,” saying it could lead to controls over advanced surveillance tools, artificial intelligence software and biometric technologies.
The Department of Justice charged a California electronics company, its president and an employee with trying to illegally export chemicals to a Chinese company on the U.S. Entity List. President Tao Jiang, employee Bohr Winn-Shih and the company, Broad Tech System Inc., ordered the chemicals from a Rhode Island company before trying to ship the items to China Electronics Technology Group Corporation 55th Research Institute (aka NEDI) (see 2006030032), the Justice Department said July 20. The shipment would have violated the Export Control Reform Act.
The Commerce Department will add 11 China-based entities to its Entity List for their involvement in human rights abuses in China’s Xinjiang region, a notice released July 20 said. Nine of the entities are involved in the forced labor of Muslim minority groups and two conduct “genetic analyses” to “further the repression” of the minorities, Commerce said. The additions take effect July 22.
The Commerce Department plans to add 11 Chinese-based entities to its Entity List for their involvement in human rights abuses in China’s Xinjiang region. Nine of the entities are involved in the forced labor of Muslim minority groups and two of the entities conduct “genetic analyses” to “further the repression” of the minorities, Commerce said. The additions take effect July 22.
Export Compliance Daily is providing readers with some of the top stories for July 6-10 in case you missed them.
The Commerce Department published its spring 2020 regulatory agenda for the Bureau of Industry and Security. The agenda includes a new mention of a rule to control “software” for the operation of “automated nucleic acid assemblers and synthesizers” capable of designing and building “functional genetic elements from digital sequence data.” BIS said the software can be used in the production of pathogens and toxins, with the potential for those to make their way into biological weapons if export controls on the software are lacking. The notice of proposed rulemaking, part of BIS’ effort to control emerging and foundational technologies (see 2005190052), will request industry comments about how the controls might affect “legitimate commercial or scientific applications.” BIS said it aims to issue the proposed rule this month.
The upcoming U.S. presidential election and the increasing government focus on China will likely “exacerbate risk” for companies with supply chains in China’s Xinjiang region, law firm Covington said. The region has come under scrutiny for human rights abuses and has been a recent focal point of U.S. sanctions.
The Trump administration issued an advisory for companies doing business with China’s Xinjiang region, which could expose companies to sanctions, export controls and forced labor risks. In a 19-page guidance issued July 1, the departments of State, Commerce, the Treasury and Homeland Security describe supply chain risks and possible sanctions exposure for companies trading with the region, and includes suggested due diligence practices. The guidance comes less than a month after President Donald Trump authorized sanctions against Chinese officials for human rights violations against the country’s Uighur population in the Xinjiang region (see 2006170064).
The Defense Department on June 24 released a list of Chinese companies with links to the Chinese military, including Huawei and Hikvision. The list includes 20 companies, most which are already listed on the Commerce Department’s Entity List, that could be subject to additional U.S. sanctions. "As the People’s Republic of China attempts to blur the lines between civil and military sectors, 'knowing your supplier' is critical," a Defense Department spokesperson said in a statement. "We envision this list will be a useful tool for the U.S. Government, companies, investors, academic institutions, and likeminded partners to conduct due diligence with regard to partnerships with these entities, particularly as the list grows." The release of the list comes two months after Commerce issued a rule expanding export licensing restrictions on shipments to military end-users or for military end-uses in China, Russia and Venezuela (see 2004270027).
The Bureau of Industry and Security's increased restrictions on shipments to military end-users (see 2004270027) presents “significant questions” for industry, which may struggle to comply with the new due diligence expectations, said Ajay Kuntamukkala, an export controls lawyer with Hogan Lovells and a former BIS official. Kuntamukkala said the rule will “significantly impact business transactions” with Chinese entities.