An investment and research firm expects the Bureau of Industry and Security to issue several proposed rules for export controls related to semiconductors this fall and said BIS is considering other restrictions on certain Chinese technology companies. In a Sept. 17 report, the Cowen Washington Research Group said BIS is “likely” to soon issue several notices of proposed rulemaking to request industry comment on new controls for semiconductor capital equipment, mostly so the U.S. is prepared with new proposals for the next Wassenaar Arrangement cycle.
The Bureau of Industry and Security should establish a blanket exemption for U.S. people and companies to participate in standards-setting bodies that have members designated on the Entity List, industry officials said. Although BIS has been working on a final rule (see 2012150037) that would clarify how export restrictions apply to the release of controlled technology at standards-setting organizations, officials from the telecommunications industry and other technology sectors are unsure how the rule’s final language will read and are concerned some of the agency’s restrictions, which they view as unnecessary, may continue.
Export Compliance Daily is providing readers with the top stories for Sept. 7-10 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
Hong Kong-based apparel company, Changji Esquel Textile (CJE), should not be granted a preliminary injunction against its placement on the Commerce Department's Entity List, the U.S. argued in the U.S. District Court for the District of Columbia. Resuming litigation after talks between Commerce and CJE broke down (see 2108300058), the Department of Justice said CJE is unlikely to succeed in its case and that the company has not established certain and imminent irreparable harm (Changji Esquel Textile Co. Ltd., et al. v. Gina M. Raimondo, et al., D.D.C. #21-1798).
A district court judge in Massachusetts sentenced Chinese national Shuren Qin to two years in prison for exporting hydrophones with anti-submarine applications to a Chinese military university on the Commerce Department's Entity List, in a Sept. 1 sentencing memorandum. Judge Denise Casper carried out the sentencing and also ruled that Qin will be placed on supervised release for two years following his prison sentence and will pay a fine of $20,000 (United States v. Shuren Qin, D.C. Mass. #18-10205).
U.S. penalties for illegal exports to China have risen dramatically this year compared with last, with about $6 million in fines handed out already, said Jeremy Pelter, the acting undersecretary for the Bureau of Industry and Security. Pelter told a bipartisan congressional commission this week that the agency during the 2021 fiscal year has issued about $1.86 million in criminal fines and more than $4 million in civil fines, skyrocketing past 2020’s penalties, which totaled about $60,000.
The Commerce Department's Bureau of Industry and Security is willing to consider ways to accelerate its emerging and foundational technology control effort but won't abandon its multilateral efforts just to publish controls more quickly, a top official told a bipartisan congressional commission on China Wednesday. Acting BIS Undersecretary Jeremy Pelter acknowledged criticism that the agency is moving too slowly on the congressionally mandated export control effort but defended the work BIS has done so far and said the agency doesn’t plan to change course.
China’s Semiconductor Manufacturing International Corp., which was placed on the Commerce Department’s Entity List last year, plans to build a nearly $9 billion chip production facility in Shanghai to help bolster China’s semiconductor ambitions, the Wall Street Journal reported Sept. 3. The facility will be built through a joint venture between SMIC and the Shanghai government, and will specialize in “mature technologies of 28-nanometer process nodes and higher and churn out 100,000 12-inch wafers a month when complete,” the report said, citing a SMIC regulatory filing. SMIC, which is also on an unclassified Defense Department list of Chinese military companies (see 2106280023), has come under intense scrutiny from some lawmakers, who view it as a threat to U.S. semiconductor leadership (see 2103190005).
Two members of an open radio access network alliance have halted activities over concerns about possible ramifications of the U.S. decision to place three Chinese alliance members on the Commerce Department's Entity List. Ericsson and Nokia responded that they remain committed to the project. Resolving the issue could require the O-RAN Alliance to throw out its Chinese members or receive a U.S exception.
The Commerce Department should investigate the potentially unfair pricing activities of a Chinese drone company that was recently placed on the Entity List, two lawmakers said in an Aug. 31 letter to Secretary Gina Raimondo. Reps. Jan Schakowsky, D-Ill., and Gus Bilirakis, R-Fla., said Shenzhen DJI Sciences and Technologies Ltd., which was added to the Entity List in December (see 2012180039), may have dropped its prices for drones by as much as 70% in 2015, which allowed it to capture a significant share of the U.S. drone market. The lawmakers also said DJI should remain on the Entity List and deserves “additional scrutiny” because its drones have been used for human rights abuses in China. “We ask that DJI remain on the Department’s Entity List and that the Department investigate its pricing of consumer drones which has harmed American consumers,” the letter said. Commerce didn’t comment.