Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
China’s Ministry of Commerce criticized the Biden administration's decision this week to add 13 Chinese companies to the Unverified List (see 2312190022), saying the move will “destroy the market rules and the international business order,” according to an unofficial translation. “China will firmly oppose this,” the ministry said, adding that the U.S. should “stop its unreasonable suppression of Chinese companies.” Companies on the UVL are ineligible for U.S export license exceptions and are subject to additional reporting requirements.
The Bureau of Industry and Security this week added 13 Chinese companies to its Unverified List after it was unable to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports. If BIS is unable to complete an end-use check on those companies within 60 days, it can move them to the more restrictive Entity List.
The Bureau of Industry and Security added 13 Chinese technology companies to its Unverified List, it said in a final rule effective Dec. 19. 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 file certain Electronic Export Information and obtain a statement from any party listed on the UVL before proceeding with certain exports.
The Bureau of Industry and Security last week removed four Chinese companies from the Unverified List after it was able to successfully complete end-use checks.
The Bureau of Industry and Security and the Financial Crimes Enforcement Network this week issued another set of export control evasion red flags for financial service firms along with a new key term that banks and others can include in their suspicious activity reports to FinCEN. The new term will “enable even more BIS investigative and Entity List actions against” people and companies looking to evade U.S. export controls, said Matthew Axelrod, BIS’ top export enforcement official.
The Biden administration needs to soon update its China-related chip export controls and apply “full blocking sanctions” to Huawei and China’s Semiconductor Manufacturing International Corp., top House Republicans recently said in a letter to National Security Adviser Jake Sullivan. Those measures and others will address what the lawmakers said has been a ”failure” by the administration and the Bureau of Industry and Security to properly enforce the Oct. 7 chip restrictions, which placed new license requirements on a host of chip-related exports and activities involving China.
U.S. officials during their trip to China this week outlined expectations for end-use checks in the country and rebuffed requests from Beijing to reduce export restrictions on advanced technology, Commerce Secretary Gina Raimondo said. While the American contingent isn’t leaving China with concrete resolutions to trade issues, she said she believes commitments from both sides to increase communication, including as part of an export control enforcement working group, were a positive first step.
A spokesperson for China's Ministry of Foreign Affairs said China "welcomes" the Bureau of Industry and Security's recent move to drop 33 entities from its Unverified List after the agency carried out end-use checks (see 2308210015). The move, which included Chinese companies, shows that both countries can address "specific concerns through communication based on mutual respect," the spokesperson said. In a separate release, the country's Ministry of Commerce said the BIS decision is "conducive to the normal trade between Chinese and American companies and is in line with the common interests of both parties," according to an unofficial translation. BIS made the move after an agency policy change that lets it move companies from the UVL to the Entity List if BIS is unable to conduct an end-use check on those companies within 60 days.
The Bureau of Industry and Security this week removed 33 entities from its Unverified List -- including Chinese technology companies and universities -- after it was able to successfully complete end-use checks. The entities include 27 based in China, two in Pakistan and one each in Indonesia, Singapore, Turkey and the United Arab Emirates. The agency also removed two Russian entities from the UVL because it placed both on the more restrictive Entity List last year.