The Trump administration is considering imposing new export controls and sanctions against China in the coming weeks, a senior administration official said. The moves are meant to further cement Trump’s China policies under the incoming Joe Biden administration, the official said, which may find the measures difficult to reverse.
When the Joe Biden administration takes office, it will likely continue the Commerce Department's emphasis on export controls and entity listings to stay ahead in technology competition with China, said Eric Sayers, an Asia-Pacific policy expert with the Center for a New American Security. Although both tools have been heavily used by the Trump administration, Biden might do more to convince allies to also impose those restrictions, especially as the U.S. fights to maintain commercial leadership in the semiconductor sector, Sayers said.
The European Union is increasingly losing out in technology competition with the U.S. and China, technology and trade experts said during a Nov. 6 event hosted by Chatham House. While they suggested more EU cooperation with the U.S., they also said Europe needs a different approach to technology regulation to keep from falling further behind.
China’s new export control law (see 2010190033 and 2010220024) is expected to significantly impact trade and may include “very broad” catch-all controls, leading to compliance burdens for companies doing business in China, law firms said. Businesses should review their compliance programs to make sure they are prepared for the regulations and to avoid potential Chinese penalties, firms said, which could be severe.
U.S. export controls on foundational technologies would impede U.S. innovation and do little to reduce national security concerns, the Computer and Communications Industry Association said in a letter to the Bureau of Industry and Security. The group urged BIS to construct a “narrowly tailored” export regime or risk stymieing U.S. leadership in a range of technologies.
China’s new export control law (see 2010190033), which takes effect Dec. 1, appears to create a Chinese “counterweight” to U.S. export controls over dual-use technologies and includes provisions for “retaliatory action and extraterritorial jurisdiction,” the Congressional Research Service said in an Oct. 26 report. China may use the new law to impose controls against specific U.S. companies, on technologies the U.S. controls or on items in which China has “niche advantages or control over certain elements of global technology supply chains.” While the new law presents risks for the U.S., it could also backfire by driving the U.S. to work closer with partners on multilateral controls and licensing practices to better counter China, the CRS said. The report summarizes the law and its definitions and includes a catalog of newly controlled technologies released by China in August.
The Bureau of Industry and Security revised its license review policy for items controlled for national security reasons and destined for China, Venezuela and Russia (see 2010230007), the agency said in a final rule released Oct. 28. The rule, which takes effect Oct. 29, said BIS and other “reviewing agencies” will determine whether those exports will make a “material contribution” to the weapons systems of the countries before approving the shipments.
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China has met 71% of its 2020 purchase goals for U.S. agricultural commodities under the phase one trade deal, the Office of the U.S. Trade Representative and the U.S. Department of Agriculture said in an “interim report.” The Oct. 23 report, released 11 days before the election, said the U.S. is on track for its “best year ever in sales to China.”
In a think tank effort that seems to assume a change in Washington, though never explicitly says it, the Peterson Institute for International Economics says there should be a return to more conservative use of export controls and entity lists to manage the threat of Chinese access to advanced technology for nefarious purposes. Martin Chorzempa, a PIIE research fellow, discussed a memo he authored to a future Commerce undersecretary for export controls in the next administration, during an Oct. 22 webinar at PIIE.