Export Compliance Daily is providing readers with the top stories for June 21-25 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
Exports to China
The Bureau of Industry and Security's decision to add five more Chinese companies to the Entity List (see 2106230004) is part of a “government-wide effort” under the Biden administration to take “strong action” against China’s human rights violations against Muslim minority groups, the Commerce Department said June 24. The move, which increased the total number of parties “implicated” by the U.S. in Xinjiang human rights abuses to 53, will restrict their ability to access commodities, software and technology subject to the Export Administration Regulations, Commerce said. “As we made clear during this month’s G7 summit, the United States is committed to employing all of its tools, including export controls, to ensure that global supply chains are free from the use of forced labor and technology is not misused to abuse human rights,” Commerce Secretary Gina Raimondo said in a statement. “The Commerce Department will continue to take firm, decisive action to hold China and other perpetrators of human rights abuses accountable.”
Republican lawmakers again threatened to remove export control responsibilities from the Commerce Department if it doesn’t move faster to issue restrictions over emerging and foundational technologies, doubling down on criticism levied at agency officials for months. The latest threat, sent in a June 15 letter to Commerce Secretary Gina Raimondo and signed by 10 Republican senators, highlights the tension between an agency that wants to avoid rushing into overbroad controls that could harm U.S. companies and lawmakers who say Commerce is neglecting a congressional mandate to restrict sensitive exports to China.
Following reports that China is continuing to buy U.S.-made DNA equipment despite U.S. export restrictions, Rep. Michael McCaul, R-Texas, said the Bureau of Industry and Security needs to strengthen its controls.
Dan Ikenson, who spent decades in trade policy at the libertarian Cato Institute, said he defended China's behavior for years after it joined the World Trade Organization. "I was in favor of welcoming China into the trading system," he said. But now, Ikenson said during a June 9 webinar hosted by the R Street Institute, he has come to see that China's last 15 years of state-directed capitalism produced enormous externalities. He said some of those externalities include the rise of populism, the political rejection of free trade, and even, in part, the presidency of Donald Trump.
Semiconductors are a major plank of the broad supply chain vulnerability report released by the White House, and the report tries to grapple with the fact that major U.S. manufacturers are reliant on exports to China and that the U.S. and its allies want to maintain a technology edge over Chinese chip manufacturers.
Export Compliance Daily is providing readers with the top stories for May 17-21 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The Senate’s China competition bill will now include legislation introduced by two senators earlier this year aimed at securing U.S. leadership in emerging technologies. Sens. Chris Van Hollen, D-Md., and Roy Blunt, R-Mo., said their National Strategy to Ensure American Leadership Act will be included in the Endless Frontier Act, which is expected to see a vote before the Senate soon (see 2105130025). The two senators’ original bill called for the Commerce Department to work with the National Academies of Sciences, Engineering and Medicine to identify the 10 most critical emerging technology challenges facing the U.S. and recommend steps to ensure U.S. leadership in those technologies. Commerce is in the middle of crafting a series of export controls over emerging and foundational technologies (see 2105040063 and 2103190037).
China’s latest export control compliance guidelines closely mirror U.S. guidance and provide significant new insight into how the country will interpret its export control law (ECL) (see 2011030033 and 2010190033), law firms said. Companies operating in China may find that their U.S. compliance programs translate well to China’s rules, the firms said, which now include guidance for risk assessments, reporting procedures and audits.
The State Department’s recent $13 million penalty against Honeywell International highlighted the importance of company employees closely following internal compliance procedures and treading carefully when dealing with China, law firms said. It also showed that the State Department is committed to targeting weaker compliance programs but will impose lenient penalties if violations are self-disclosed, the firms said. Honeywell signed a settlement agreement with the agency earlier this month after it illegally sent drawings of export-controlled parts for military-related items to potential customers in several countries, including China (see 2105040018).