Export Compliance Daily is providing readers with some of the top stories for May 13-17 in case they were missed.
Exports to China
New U.S. sanctions on China in response to the country’s oppression of Uighurs could be effective, but there’s a risk of retaliation, experts said while speaking at a House Financial Services subcommittee hearing. Uighurs are an officially recognized ethnic minority group in China and other parts of Asia, descended from ancient tribes in Mongolia.
Sen. Josh Hawley, R-Mo., introduced a bill, the China Technology Transfer Control Act of 2019, on May 14 that would increase controls on “national interest technology” exports to China and allow the U.S. to sanction people or entities that violate the controls. In a press release, Hawley’s office said the bill “places all ‘core technologies’ from China’s ‘Made in China 2025’ strategy on the Department of Commerce’s Export Control List.” The core technologies include 15 products, the release said, such as “artificial intelligence, robotics, semiconductors, advanced construction equipment and lithium battery manufacturing.” “For too long, China has exploited American innovation to undermine our values and threaten our security,” Hawley said in a statement. “This legislation is an important step toward keeping American technology out of the hands of the Chinese government and its military.”
After the Trump administration issued an executive order and announced export controls that targeted Chinese technology firm Huawei, China hinted at retaliation, saying it will take “necessary measures to safeguard” its companies. During May 16 press conferences, China’s Ministry of Commerce and Ministry of Foreign Affairs denounced the U.S.’s decision to add Huawei Technologies to the Commerce Department’s Entity List and criticized the executive order President Donald Trump signed on May 15.
The Commerce Department on May 16 added Huawei Technologies to the Bureau of Industry and Security’s Entity List, eliciting strong reaction from Huawei and China over the move that may have substantial effects on U.S. exporters. In a notice in the Federal Register, BIS said it is imposing license requirements on Huawei and its 68 non-U.S. affiliates for all items subject to the Export Administration Regulations with a license review policy of presumption of denial. The Federal Register notice is scheduled for May 21 publication, but the changes take effect May 16. All shipments aboard carriers as of May 16 may proceed to their destinations under previous license conditions.
Export Compliance Daily is providing readers with some of the top stories for May 6-10 in case they were missed.
The Commerce Department's Bureau of Industry and Security added 12 foreign entities or persons to BIS’s Entity List, according to a May 13 notice, including several entities in China. BIS said the additions include four entities with locations in China and Hong Kong, along with two other entities in China and one Pakistani entity and five entities or individuals in the United Arab Emirates. Each is now subject to specific license requirements “for the export, reexport, and/or in-country transfer of controlled items,” BIS said. The 12 "have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests," the agency said in a separate notice.
There seems to be a growing interest in ways to evade U.S. sanctions and export controls, several experts said while speaking at a House Foreign Affairs subcommittee hearing on May 9. One panelist specifically pointed to China, which he said he expects to begin smuggling oil from Iran to avoid U.S. sanctions.
During a House hearing on China’s influence in Europe, several experts said the U.S. needs to more strongly cooperate with Europe against Chinese trading practices and economic influences, including on export controls and information sharing.
Regulations of U.S. export controls have recently become “more difficult to apply,” according to a study released May 6 by the U.S.-China Economic and Security Review Commission. The study, which focuses broadly on methods that Chinese companies use to transfer technology from the U.S., said regulators are facing more difficulty predicting which “early-stage technologies developed for commercial purposes” could be used for future military purposes. The study also briefly touched on the Foreign Investment Risk Review Modernization Act, signed into law in 2018, which allows the Committee on Foreign Investment in the U.S. to review transactions by foreign entities in the U.S. to determine their impact on national security. The study said FIRRMA leaves some methods of Chinese technology transfers “unaddressed,” including “investments in U.S. critical technologies based outside” the U.S.