A group of House Republicans called on the Commerce Department to add Chinese smartphone maker Honor Device Co. Ltd. to the Entity List and asked for a briefing with the agency’s End-User Review Committee to ensure the administration is “moving with enough speed” on export controls. Because Huawei sold Honor Device Co., the company can access technology that “should be restricted,” the lawmakers said in an Aug. 6 letter to Commerce Secretary Gina Raimondo.
The House’s Republican Study Committee released a counterproposal to the Senate’s Endless Frontier Act that would call for a host of new sanctions against China, continue U.S. export control authorities and make some changes to the Committee on Foreign Investment in the U.S. The committee’s Countering Communist China Act, released July 29, calls for broad U.S. sanctions actions, including designations against Chinese technology applications, various senior government officials, foreign people that steal U.S. intellectual property and “foreign persons that knowingly spread malign disinformation … for purposes of political warfare.” The Treasury Department’s Office of Foreign Assets Control would also be authorized to hire 10 new employees to “carry out activities of the Office associated with the People’s Republic of China.”
The U.S. may need to create new, stronger tools other than its current sanctions and export controls to penalize foreign countries that violate international laws, said Nazak Nikakhtar, former acting undersecretary of the Bureau of Industry and Security. While Nikakhtar cautioned the U.S. against overusing trade restrictions, she also said they need to be bolstered because some foreign governments and companies are “easily” circumventing them.
Changi Esquel Textile (CJE), a Hong Kong-based apparel company and part of the Esquel group of companies, filed for a preliminary injunction on July 19 against its placement on the Commerce Department's Entity List. The company is seeking the injunction even though it expects an announcement soon on potential changes to its status on the list, it said. "The government has informed Plaintiffs that there will likely be a development regarding CJE’s continued Entity List designation by August 1," the company said.
Yi-Chi Shih, a Hollywood Hills, California, resident, was sentenced to over five years in prison for his role in a scheme to illegally ship integrated circuits with military applications to China, the Department of Justice said July 22. Shih was convicted of violating the International Emergency Economic Powers Act and the Export Administration Regulations and fined more than $600,000 in fines and restitution to the IRS (see 1907020071).
The Bureau of Industry and Security added six Russian entities to the Entity List for activities that threaten U.S. national security and foreign policy, the agency said in notice. The entities operate in Russia’s technology sector and support the country’s intelligence services, BIS said. The Treasury Department sanctioned all six companies in February under President Joe Biden’s executive order that targeted Russia’s defense and technology sectors and its attempts to influence foreign elections (see 2104150019). BIS also corrected one existing Russian entry on the Entity List. The rule is effective July 19.
Companies are continuing to see heavy U.S. enforcement surrounding Chinese attempts to steal U.S. trade secrets, and the government is increasingly expecting U.S. companies to voluntarily disclose violations surrounding those and other cases, lawyers said. The U.S. is hoping to increase enforcement by incentivizing companies to self-disclose sanctions and export control compliance mistakes, especially through the Department of Justice's revised disclosure policy guidelines (see 1912130047), the lawyers said.
The Bureau of Industry and Security will add six Russian entities to the Entity List for activities that threaten U.S. security and foreign policy, it said in a notice released July 16. The entities, previously sanctioned by the Treasury Department under President Joe Biden’s February executive order, operate in Russia’s technology sector and support the country’s intelligence services, the agency said in the notice, which is scheduled to take effect upon publication of the notice July 19. BIS will impose a license requirement for all items subject to the Export Administration Regulations and a license review policy of presumption of denial. No license exceptions will be available. BIS also corrected one existing Russian entry on the Entity List.
The Commerce Department should add China’s Yangtze Memory Technologies Company to the Entity List because it has “clear ties” to the Chinese military and is helping the country gain ground in the semiconductor industry, two Republican senators told Commerce. Sens. Michael McCaul of Texas and Bill Hagerty of Tennessee said the chip company also should be subject to the foreign direct product rule, which would restrict the company’s ability to import certain foreign-made semiconductor equipment that is built with or that incorporates U.S. technology. “With no [Chinese] firm or alternative foreign provider capable of providing YMTC with comparable equipment and software -- including high aperture etching tools, metrology and inspection tools, and cleaning systems -- a unilateral control” by the U.S. would “significantly hinder YMTC’s ability to implement a [Chinese] industrial plan designed to weaken U.S. national and economic security and increase its reliance on” China, the senators said in a July 12 letter to Commerce Secretary Gina Raimondo.
The U.S. updated its Xinjiang Supply Chain Business Advisory, highlighting the increasing supply chain, sanctions, labor and export control risks of doing business in the Xinjiang region. The July 13 update, which builds and expands on the original advisory issued last year (see 2007010040), says China is committing genocide through its human rights violations against Muslim minorities, provides guidance to businesses that may invest in implicated Chinese companies, updates a list of U.S. enforcement actions related to Xinjiang and "strengthens" recommendations for companies that risk doing business in the region.