The Bureau of Industry and Security needs to “answer to Congress immediately” if U.S. software company Synopsys was able to illegally export semiconductor design software to blacklisted Chinese companies, Rep. Michael McCaul, R-Texas, said. McCaul -- referencing a report this week that said BIS is investigating Synopsys for potentially transferring technology to China’s HiSilicon and Semiconductor Manufacturing International Corporation (see 2204140057) -- said the agency needs to do a better job of preventing illegal exports on the front end.
Exports to China
The Commerce Department is investigating U.S. software company Synopsys for possibly violating U.S. export controls against China, Bloomberg reported April 13. Commerce is looking into whether Synopsys, the world’s leading supplier of semiconductor design software, worked with Chinese affiliates to provide chip designs and software to Huawei Technologies’ HiSilicon unit for manufacture at Semiconductor Manufacturing International Corporation, the report said. Both companies are subject to Entity List licensing restrictions.
Apple is considering incorporating chips made by Yangtze Memory Technologies Co., Bloomberg reported March 30, a Chinese state-owned company that some lawmakers say should be placed on the Commerce Department’s Entity list. Apple is exploring placing YMTC memory chips into its iPhones after one of its key suppliers in Japan, Kioxia Holdings Corp., “lost a batch of output to contamination” in February, the report said. Apple is “keen to diversify its network and offset the risk of further disruption from the pandemic and shipping snarls,” the report said, and is now testing sample NAND flash memory chips made by YMTC.
The administration should continue to levy new sanctions against Chinese officials responsible for human rights abuses, including a permanent ban on exports of crowd-control equipment to Hong Kong police, the bipartisan Congressional-Executive Commission on China said in a report last week.
The Office of the U.S. Trade Representative released its 2022 National Trade Estimate Report on Foreign Trade Barriers, detailing the most significant foreign market access issues facing U.S. exporters. The report examines a range of import policies, tariffs, customs procedures and phytosanitary measures that are restricting U.S. goods, including China’s new “opaque and burdensome” facility registration requirements.
The U.S. can take several steps to increase its export control pressure against Russia, including expanding certain restrictions to capture a wider range of end-users in Russia beyond the military, said Matt Borman, a senior official at the Bureau of Industry and Security. Borman also stressed that Chinese companies on the Entity List still have much to lose if they aid Russia, including a complete ban from U.S. exports, financing and other services.
The top Democrats on the Congressional-Executive Commission on China urged House and Senate leadership to include several sanctions and export control-related provisions (see 2202030062) in the final version of Congress’ China competition bill. As leadership begins negotiations on legislation to reconcile the versions passed in the House and Senate (see 2203210064), they should make sure not to omit “robust provisions on human rights principles,” said CECC Chair Sen. Jeff Merkley, D-Ore., and Co-Chair Rep. James McGovern, D-Mass.
The top trade official on the European Commission said that Russia's barbaric invasion of Ukraine revealed how important it was that he and U.S. Trade Representative Katherine Tai "spent last year fixing some aspects of U.S.-EU relations," and then moved to a forward-looking agenda with the Trade and Technology Council. Tai, who spoke remotely to the Brussels business audience hosted by the American Chamber of Commerce in the EU on March 24, called EC Trade Commissioner Valdis Dombrovskis a good friend.
China is unlikely to violate U.S. sanctions against Russia because it fears the consequences of U.S. secondary sanctions too much, said Kevin Rudd, president of the Asia Society and former Australian prime minister. China also will likely avoid providing military support to Russia, Rudd said, which could invite similar U.S. sanctions that could hurt its major state-run and private technology companies.
The Commerce Department should tighten export restrictions on China’s top chipmaker to prevent it from importing sensitive semiconductor equipment and exploiting a U.S. export control loophole, Sen. Marco Rubio, R-Fla., and Rep. Michael McCaul, R-Texas said. The lawmakers, who voiced similar concerns to Commerce last year (see 2103190005), said in a March 17 letter to Commerce that its export control licensing policies for Semiconductor Manufacturing International Corporation are “ineffective” and are denying less than 1% of export applications to sell technology to the company.