The Biden administration this week released a national strategy for critical and emerging technology standards and outlined plans to strengthen American leadership in international standards bodies. The administration hopes the strategy helps the U.S. better work with allies to develop technologies that are “more accessible and sold more broadly across the globe, furthering market reach and helping to drive growth in our economies,” a senior administration official said during a May 3 call with reporters.
A potential Chinese military invasion of Taiwan could lead to an unprecedented level of new sanctions and export controls against Beijing, including U.S. financial sanctions against major Chinese companies and export prohibitions on anything related to the country’s military, trade lawyer David Wolber said. Banks in particular are concerned about the possibility of sweeping financial restrictions, Chloe Cina of Deutsche Bank said, adding that some are beginning to prepare for a worst-case sanctions scenario.
U.S. hardware supplier MaxLinear said it submitted a “comprehensive” voluntary self-disclosure to the Bureau of Industry and Security in March detailing its potential illegal exports to a Chinese foundry on the Entity List. The company, which submitted an initial notification to BIS last year (see 2211070014), has since hired outside counsel who recently completed a “privileged investigation” of the potential violation, according to its April filing with the SEC. The company also “took immediate action to remediate, including by preventing recurrence.”
An influx of delisting requests spurred by the rapid pace of sanctions against Russia could strain already limited resources at the Treasury Department, former officials and lawyers said, increasing fears that removal efforts will be overlooked even as law firms see an uptick in business.
Several “unresolved issues” surround fines imposed against companies placed on China’s Unreliable Entity List, including the maximum penalty amount China can impose and the penalty range it can choose from, Beijing-based Zhong Lun Law Firm said in an April client alert posted by Lexology.
NEW ORLEANS -- The Bureau of Industry and Security is working with CBP to try to speed up reviews of exports that may be subject to the October China chip controls (see 2210070049), said Teresa Telesco, a BIS official. Telesco, speaking April 25 during the National Customs Brokers & Forwarders Association of America’s annual conference, urged freight forwarders and other parties handling exports to take steps to make sure their semiconductor-related shipments aren’t being delayed, including by having technical information “on hand” to show CBP agents.
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The U.S. needs to create a formal doctrine to outline guardrails for deploying sanctions, export controls and other economic statecraft tools, said Daleep Singh, President Joe Biden’s former deputy national security adviser, speaking during an April 25 Atlantic Council event. He also said the U.S. needs to conduct an assessment of its past use of those trade and financial measures to determine when they worked best and make sure they aren’t being overused.
The Bureau of Industry and Security should add the Commercial Aircraft Corporation of China (COMAC), a state-owned aerospace manufacturer, to its Military End-User List, Florida Sens. Marco Rubio and Rick Scott said in an April 24 letter to BIS Undersecretary Alan Estevez. The Republican lawmakers said COMAC works closely with the Aviation Industry Corporation of China (AVIC), which is already included on the Entity List and MEU list and holds a minority stake in COMAC.
Companies should expect China to increase the use of its so-called Unreliable Entity List following the addition of U.S. defense companies Lockheed Martin and Raytheon to the list in February (see 2302160064 and 2304180029), Beijing-based Zhong Lun law firm said in an April client alert posted by Lexology. The firm said “we anticipate” that the “trade ban rules may be developed into a full-fledged and well-designed mechanism with increased enforcement of the UEL Provisions in the future,” saying Chinese companies should make sure they're running “effective compliance programs” to comply with the list.