China’s latest draft of its export control law (see 1912260029) represents the country’s first “comprehensive and consolidated” export control legislation and includes regulations for end-user statements, increased penalties and more, according to a Jan. 9 post from Baker McKenzie.
Exports to China
President Donald Trump issued an executive order expanding U.S. sanctions authority against Iran and the Treasury Department announced a series of new Iran sanctions, including measures against senior Iranian officials, metal companies and a vessel. The executive order grants the U.S. the authority to impose a series of new primary and secondary sanctions against people and companies involved with Iran’s construction, mining, manufacturing and textiles sectors, Treasury Secretary Steven Mnuchin said during a Jan. 10 press conference. While the executive order only mentioned those four sectors, additional Iranian sectors may be sanctioned, Mnuchin said.
China’s Foreign Ministry criticized a report released this week by the Congressional-Executive Commission on China that called for U.S. sanctions on Chinese officials, saying the commission has no “objectivity or credibility whatsoever.” The report, issued Jan. 8, also called for greater U.S. export controls on surveillance technologies being sent to China and urged the Trump administration to place more Chinese companies and agencies on the Commerce Department’s Entity List due to their involvement in human rights violations (see 2001080039).
The House passed a bill and a resolution Jan. 8 aimed at protecting the competitiveness of U.S. manufacturers and exporters in the 5G sector. The measures also seek to improve the U.S.’s presence at international bodies that set standards for 5G networks and equipment over fears that China will permanently surpass U.S. 5G technology and control the market. The House passed the Secure 5G and Beyond Act, which requires several federal agencies, including the Commerce Department, to “protect the competitiveness” of U.S. companies by completing an assessment of the competitiveness and vulnerabilities of U.S. manufacturers and suppliers of 5G equipment. The bill also requires the agencies to identify “policy options” to close “security gaps” in the U.S. development of “critical technologies.”
The Export Control Reform Act may not result in significantly different controls on emerging technologies (see 1912130055) than what would have been proposed under the U.S.’s existing export control system, a former top Commerce Department official said. Eric Hirschhorn, former undersecretary for the Bureau of Industry and Security from 2010-2017, also said Commerce’s efforts to restrict sales of foundational technologies might be too late. “I have grave doubt whether the assignment to control emerging and foundational technologies will result in controls significantly different from what the existing system -- which operates fairly well -- would have produced,” Hirschhorn said in a Jan. 3 post for China Business Review.
The Trump administration should sanction Chinese officials and companies responsible for human rights violations against the country's Uighur population, the Congressional-Executive Commission on China said in a Jan. 8 report. The U.S. should also place export controls on a wide range of emerging technologies, add more Chinese agencies to the Commerce Department’s Entity List and make these issues key components of trade negotiations with China, the report said.
President Donald Trump signed the fiscal year 2020 National Defense Authorization Act, S. 1790 into law, with provisions targeting tech companies Huawei and ZTE (see 1912130027), the White House announced on Dec. 20. The law bars the Trump administration from lifting the Commerce Department Bureau of Industry and Security's addition of Chinese telecom equipment manufacturer Huawei to its export entity blacklist without congressional approval. The law also requires reports to Congress on waivers issued to companies doing business with Huawei as well as ZTE's compliance with a 2018 agreement that lifted Commerce's ban on U.S. companies selling telecom software and equipment to ZTE.
China's Foreign Ministry criticized the Commerce Department’s efforts to restrict sales of emerging technologies (see 1912160032), saying the U.S. is “abusing export control measures” and “impeding” cooperation between the two countries. A ministry spokesperson said the U.S. is “over-generalizing” the concept of national security as justification for the export controls, which are aimed at preventing countries, including China, from acquiring access to sensitive U.S. technologies. “Don't think you can ever deter China's growth as well as scientific and technological innovation by limiting exports of high-end technologies to us,” the spokesman said during a Dec. 18 press conference. “You are being too arrogant.”
Export Compliance Daily is providing readers with some of the top stories for Dec. 9-13 in case you missed them.
BOSTON -- If the Commerce Department follows through on plans to expand the limits of the Export Administration Regulations to further control foreign shipments to Huawei, it will have a “dramatic” impact on international supply chains, said Kevin Wolf, a trade lawyer with Akin Gump and Commerce’s former assistant secretary for export administration. The measures, which Commerce confirmed it was considering earlier this month (see 1912100033), include expanding the Direct Product Rule and broadening the de minimis rule to make more foreign-made goods subject to the EAR.