A Los Angeles resident was found guilty of conspiring to illegally export semiconductor chips to China, violating the International Emergency Economic Powers Act, the Department of Justice said in a July 2 press release. Yi-Chi Shih faces a maximum prison sentence of 219 years.
Export Compliance Daily is providing readers with some of the top stories for June 24-28 in case they were missed.
The Commerce Department will approve more temporary licenses to U.S. exporters selling “general merchandise” to Huawei, U.S. National Economic Council Director Larry Kudlow said on CBS and Fox News on June 30, potentially providing relief to both U.S. firms and China’s telecommunications tech giant. Although specific details have not yet been released, Commerce plans to grant export licenses for products that China can easily get from other countries, including “various chips and software,” Kudlow said.
Commerce’s Bureau of Industry and Security corrected one entry and removed eight others from the Unverified List after verifying and conducting an end-use check, BIS said in a notice. The correction changes the name of Beijing Institute of Nanoenergy and Technology to Beijing Institute of Nanoenergy and Nanosystems, BIS said. The eight removals from the list, all China-based, are: Beijing Bayi Space LCD Materials Technology Co., Hubei Flying Optical, Sunder Tools (Changxing) Technology, Wuhan Yifi Laser Equipment Co., Wuxi Hengling Technology Co., Xiamen Sanan Optoelectronics, Zhejiang Xizi Aviation and Zolix Instruments Co. The changes are scheduled to take effect June 27.
An internal “review” at Micron Technology found the memory chip supplier could “lawfully resume shipping a subset of current products” to Huawei because they aren't subject to Commerce Department export administration regulations and entity list restrictions, CEO Sanjay Mehrotra said on a fiscal Q3 call. Micron reinstated those shipments about two weeks ago, he said on June 25. Micron suspended all Huawei shipments immediately after release of the May 16 notice from Commerce’s Bureau of Industry and Security placing the Chinese telecom gear giant and 68 of its non-U.S. affiliates on the Entity List (see 1905240044), Mehrotra said. Micron did so to “ensure compliance” with the restrictions and begin its review, he said.
FedEx filed a lawsuit against the Commerce Department and the Bureau of Industry and Security for imposing export controls it says are “unconstitutional” and “impossible” to comply with, according to court records. The company also said BIS’s Entity List “imposes an overbroad, disproportionate burden on FedEx,” records show. The suit asks the court to stop Commerce from enforcing certain sections of the Export Administration Regulations on FedEx, to declare the EAR “unlawful” and to award FedEx any additional appropriate relief, including “costs and expenses.”
Commerce’s Bureau of Industry and Security added five Chinese entities to its Entity List, the latest escalation in the U.S. and China’s ongoing trade war. The move restricts the entities' ability to purchase certain U.S. products and will require licenses for all items subject to the Export Administration Regulations with a review policy of presumption of denial. The entities are: Chengdu Haiguang Integrated Circuit, Chengdu Haiguang Microelectronics Technology, Higon, Sugon and Wuxi Jiangnan Institute of Computing Technology. The Wuxi Jiangnan Institute is owned by owned by the Chinese government, Commerce said.
Commerce’s Bureau of Industry and Security added five Chinese computing companies to its Entity List, requiring licenses for all items subject to the Export Administration Regulations with a review policy of presumption of denial. The entities are: Chengdu Haiguang Integrated Circuit, Chengdu Haiguang Microelectronics Technology, Higon, Sugon and Wuxi Jiangnan Institute of Computing Technology.
Japan’s Center for Information on Security Trade Control (CISTEC) has added Huawei to its Chaser List of sanctioned companies, according to a recent report from Nikkei. The non-profit’s list is not binding, but it is used by Japanese exporters to avoid potential pitfalls, so Huawei’s listing could cause Japanese companies to scale back business with Huawei, the report said. The inclusion was likely automatic after Huawei’s addition to the U.S. Entity List, it said. The Chaser List includes companies sanctioned by the U.S., the European Union and the United Nations, among others.
Senate Minority Leader Chuck Schumer said it is “deeply concerning” that the White House is seeking a two-year delay on implementing government contracting and procurement-related restrictions on Huawei Technologies, saying the delay would “extend a window of opportunity for what is already a dire threat to our national security.” Speaking on the Senate floor on June 11, Schumer criticized what he said is the Trump administration's contradictory approach to China.