China’s new export controls law may apply to a broader range of items than just dual-use goods, Baker McKenzie said in a June alert. In draft regulations released earlier this year (see 2204270040), China included a provision that will allow it to also restrict exports of non dual-use goods, which could include artificial-intelligence or integrated-circuit design technologies “that are currently regulated under a separate legacy technology import and export control regime,” the firm said.
Exports to China
The U.S. plans to build on and improve its export controls and investment screening measures to keep China from acquiring sensitive technologies, Secretary of State Antony Blinken said. Blinken, in a speech outlining the Biden administration’s China policy, also urged industry to reassess whether the price of doing business in China is worth the benefits and to work with the administration to push back against Beijing's unfair market practices.
Bureau of Industry and Security Undersecretary Alan Estevez said his top long-term priority is building a new multilateral export control regime, and he urged industry to continue considering diversifying away from China and Russia. He also said BIS is working hard to control emerging and foundational technologies and welcomes more input from industry, academia and think tanks.
The U.S.-EU Trade and Technology Council hopes to make progress around the idea of a new multilateral export control regime by the TTC’s next ministerial meeting this fall, Commerce Secretary Gina Raimondo said. She said the group is thinking about which U.S. and EU technologies are “especially significant” and warrant multilateral controls, such as semiconductor equipment.
Commerce Secretary Gina Raimondo said she supports including an outbound investment screening provision in the final version of Congress’ China competition bill (see 2202030062), and said more guardrails are needed to stop China from finding technology transfer loopholes. While Raimondo didn’t explicitly endorse the bipartisan National Critical Capabilities Defense Act, which would create a committee to review outbound investments, she said the U.S. could use more regulatory power.
The U.S. should take steps to address a range of loopholes in its export control regimes, including its inability to conduct end-use checks in China and unregulated technology transfers resulting from outbound investments, said Nazak Nikakhtar, former acting head of the Bureau of Industry and Security. “We have a lot of gaping holes in our export control system,” Nikakhtar told the Senate Intelligence Committee May 11. “I think we really need to tighten those up.”
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The U.S.-China competition will be the “geopolitical challenge for this generation,” Cordell Hull, principal at WestExec Advisors, told an online symposium May 5 on Indo-Pacific geopolitics hosted jointly by the Asia programs of the Foreign Policy Research Institute (FPRI) and the Wilson Center. “I certainly hope it can be managed,” and that it “doesn’t lead us into places where neither country really wants to go,” he said.
A bill that would require the State Department to report to Congress on whether China is helping Russians "evade or circumvent United States sanctions or multilateral sanctions and export controls," or whether China is inhibiting onsite export control end-use checks within its borders, passed the House of Representatives on a 394-3 vote on April 27. The Assessing Xi’s Interference and Subversion Act was sponsored by Rep. Andy Barr, R-Ky. , who said after its passage, "We need a full report on the extent of the collaboration between Russia and China to inform the public and enable lawmakers to begin positioning the U.S. to overcome this geopolitical challenge.” If the bill becomes law, the first report would be due in 30 days, and then reports would be due every 90 days after that.
PHILADELPHIA -- The U.S. government is working through a range of challenges when delivering export control guidance to university researchers, government officials said, including to some colleges that opt out of certain projects rather than risk violating controls. The government is also still running into challenging questions about whether its controls should apply to fundamental research, one official said.