China has been more receptive to U.S. end-use checks on Chinese entities as a result of a Commerce Department policy change from October, Bureau of Industry and Security Undersecretary Alan Estevez said this week. Estevez also said he doesn’t expect any significant revisions to BIS’s most recent chip restrictions on China, and warned that a Chinese invasion of Taiwan would spark new, strict U.S. export controls that would cause U.S. companies to lose “billions” of dollars in Chinese business.
BIS Unverified List
The BIS Unverified List is a list of entities subject to certain restrictions and additional compliance steps. Inclusion on the list is not punitive but rather an indication that the entity is ineligible to receive license exceptions, and exporters to those entities may need to submit certain Electronic Export Information in the Automated Export System.
Semiconductor companies are still awaiting licensing decisions on their chip-related activities involving China under the U.S.’s new export controls, with some concerned that licenses awarded to their competitors could hurt their revenue. In earnings calls and filings with the Securities and Exchange Commission this month, U.S. chip and technology companies said they continue to prepare for drops in sales to China and that they fear Chinese customers may soon replace them with alternative suppliers, causing some U.S. companies to permanently lose their market share in China.
The Bureau of Industry and Security is seeking public comments on an information collection involving the procedure for entities on the Unverified List or Entity List to request removal or “modification” of their placement on either list. Public comments on the collection are due Jan. 24.
The Bureau of Industry and Security’s new Unverified List policies, which allow the agency to move a company from the UVL to the Entity List if it can’t complete an end-use check within 60 days, likely will lead to an uptick in companies added to the Entity List, said Nazak Nikahtar, former acting BIS undersecretary. Nikakhtar said she believes many Chinese companies added to the UVL won’t participate in an end-use check that meets the U.S.’s standards.
The top Republican on the House Foreign Affairs Committee is asking the Commerce Department to provide its licensing data and communications with chip companies, along with a broad swathe of related information, to make sure the agency is implementing its new China controls “fairly across all market players.”
New advanced computing and chip export controls against China (see 2210070049) represent an “unprecedented degree” of U.S. intervention to preserve technology leadership and could deal a major blow to China’s semiconductor industry, the Center for Strategic and International Studies said in a report last week. But there are several “lingering gaps” in the new policy that the Bureau of Industry and Security should “swiftly” address if it hopes to make the rules as effective as possible, the report said, including adding more companies to the Entity List, making sure the restrictions are adopted by allies and ensuring the agency is properly staffed.
The Bureau of Industry and Security added 31 Chinese entities to its Unverified List last week, including Yangtze Memory Technologies Co., a semiconductor firm that U.S. lawmakers for months have urged BIS to add to the more restrictive Entity List. The final rule, which took effect Oct. 7, also removed nine other entities from the UVL and included new guidance on what types of criteria and activities may lead to the transfer of UVL entries to the Entity List.
The Bureau of Industry and Security added 31 Chinese entities to its Unverified List, including semiconductor firm Yangtze Memory Technologies Co., it said in a final rule effective Oct. 7. BIS said it hasn’t been able to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports. All export license exceptions involving those parties will be suspended, and exporters must obtain a statement from any party listed on the UVL before proceeding with certain exports.
The Bureau of Industry and Security sent a final rule for interagency review that would revise the Unverified List. Sent for review Sept. 29, the rule would also clarify activities and criteria that could lead to additions to the Entity List.
The Commerce Department published its spring 2022 regulatory agenda for the Bureau of Industry and Security, including two new mentions of rules that could result in new emerging technology export controls.