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.
Exports to China
Rep. Mark Green, R-Tenn., reintroduced a bill last week that could lead to new export controls and sanctions against China. The China Technology Transfer Control Act, first introduced during the last Congress, calls on the president to impose restrictions on “any covered national interest technology or intellectual property” exported from the U.S. to China or by a U.S. person to China. It also would require the Commerce and State departments to submit a report to Congress within 90 days of the bill’s enactment “assessing” whether any covered technologies should be controlled under the International Traffic in Arms Regulations or Export Administration Regulations.
China has become a “world leader” in space and missile technologies despite “far-reaching” U.S. export controls, said Kevin Pollpeter, a senior research scientist at the Center for Naval Analysis. Pollpeter, speaking during a U.S.-China Economic and Security Review Commission hearing last week, said China’s space and missile programs are “not only closing the gap with the United States, but are also increasingly innovative.” He noted that the director of national intelligence recently warned that China could reach “world-class status” in most space technology areas by 2030.
The Bureau of Industry and Security should reform its Entity List process and its licensing procedures to more effectively prevent China from acquiring sensitive U.S. technologies, said Cordell Hull, former acting BIS undersecretary. Hull also suggested that BIS increase its penalties for export violations, and said he isn’t convinced creating a new multilateral export control regime is the best way to counter China.
The U.S., the Netherlands and Japan need to prepare for “expanded” Chinese retaliation as a result of their pact to impose new export controls on advanced semiconductor equipment (see 2303310031 and 2303090032), the Center for Strategic and International Studies said in a commentary this week, adding that China has “long put national security goals above those of market efficiency.”
The Biden administration’s October semiconductor chip controls against China (see 2210070049 and 2211010042) are expected in the short term to “constrain” the country’s access to the most advanced chips “used in computationally intensive subfields” of artificial intelligence, the International Institute for Strategic Studies said in an April report. But the controls could spur Chinese AI researchers toward “subfields that are less computationally demanding” and lead them to develop “new competitive advantages” in those areas, the report said.
The U.S. should create an outbound investment screening regime that focuses on capturing “smart money” investments in critical technology industries in China, said Emily Kilcrease, a senior fellow with the Center for a New American Security and former National Security Council official. Smart money investments would include those that are “accompanied by managerial expertise or other intangible benefits” that could advance China’s “indigenous technology capabilities,” she said.
About 10% of critical raw materials, as measured by value, faced export restrictions in the last decade, according to a new report from the Organization for Economic Co-operation and Development -- and the use of restrictions grew five-fold in the 2017-2019 period, compared with the two-year period 10 years earlier. Export taxes are the most frequent restriction, the authors said, adding: "This may be related to the fact that, under WTO rules, quantitative restrictions on exports are generally prohibited while export taxes are not."
The Treasury Department may be prioritizing enforcement of existing Russia sanctions rather than searching for new measures to impose, said Jay Shambaugh, Treasury’s undersecretary for international affairs. Shambaugh, speaking during an April 10 event hosted by the Brookings Institution, also said industry should expect the Biden administration to continue imposing national security-related trade restrictions on China.
The top executive in the EU, European Commission President Ursula von der Leyen, told reporters in China that the trade deficit between the EU and China has more than tripled in a decade, and said she told the Chinese president "this trajectory is not sustainable and the underlying structural issues need to be addressed."