A new Defense Department policy memo and guidance on foreign influence within American research institutions could exacerbate already complex export control due diligence challenges at universities, said Jackson Wood, director for industry strategy at Descartes. It also could lead to larger compliance risks for universities pursuing DOD-funded research, said Kit Conklin of compliance risk advisory firm Kharon.
Exports to China
Republicans are asking the Biden administration to strengthen export controls against Huawei and Semiconductor Manufacturing International Company after Huawei this month unveiled a new smartphone that may have been made through means that violated U.S. export restrictions (see 2309120005). They said both technology companies should be subject to “full blocking sanctions” and their executives should face criminal investigations, adding that the Commerce Department should revoke all of their existing license applications, add all their subsidiaries to the Entity List and take other measures to cut off a broad range of shipments to both firms.
The upcoming U.S. outbound investment restrictions (see 2308090066 and 2308100045) should be overseen by the Office of Foreign Assets Control, not the agency that heads the Committee on Foreign Investment in the U.S., Republicans said this week. Several lawmakers, including Patrick McHenry, the top Republican on the House Financial Services Committee, said the new outbound investment restrictions are similar to a sanctions program as opposed to the case-by-case review process overseen by CFIUS for inbound investments, and said OFAC is better suited to prevent China from benefiting from sensitive American investments.
The Commerce Department is looking into whether a Chinese-made chip powering Huawei's latest smartphone was made or acquired through means that violated U.S. export controls, an agency official said this week. “We are working to obtain more information on the character and composition of the purported 7nm chip” included in Huawei’s new Mate 60 Pro+ smartphone, the official said. The Chinese telecommunications company announced the new phone during Commerce Secretary Gina Raimondo’s trip to China earlier this month.
Suspicious activity reports recently filed with the U.S. government show nearly $1 billion worth of transactions over the last year may have had ties to Russia-related export control evasion, the Financial Crimes Enforcement Network said in a new report analyzing SAR trend data. The report -- issued as part of a joint effort between FinCen and the Bureau of Industry and Security to collect more leads for export enforcement agents -- highlights several evasion trends being reported by banks and other financial institutions, including what types of goods are most commonly being sought by sanctions evaders and which foreign countries those transactions most frequently involve.
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China’s commerce minister last week voiced “serious concerns” with U.S. Commerce Secretary Gina Raimondo about U.S. semiconductor export control policies, investment restrictions, “discriminatory subsidies” and sanctions on Chinese companies, a ministry spokesperson told reporters during an Aug. 31 news conference. The minister also asked Raimondo for the U.S. to treat all companies “equally in terms of market access, regulatory enforcement, public procurement, and policy support,” the spokesperson said, according to an unofficial translation.
U.S. officials during their trip to China this week outlined expectations for end-use checks in the country and rebuffed requests from Beijing to reduce export restrictions on advanced technology, Commerce Secretary Gina Raimondo said. While the American contingent isn’t leaving China with concrete resolutions to trade issues, she said she believes commitments from both sides to increase communication, including as part of an export control enforcement working group, were a positive first step.
The Commerce Department’s new trade working group and export control enforcement initiative with China (see 2308280042) is “at best naive, but also dangerous,” Rep. Michael McCaul, R-Texas, said. China “steals U.S. intellectual property and hacks the emails of senior government officials,” said McCaul, the top Republican on the Foreign Affairs Committee. “The administration must stop treating the [Chinese Communist Party] as anything other than an adversary who will stop at nothing to harm our national security and spread its malign authoritarianism around the globe.”
The State Department fined a U.S.-based specialty chemicals supplier $850,000 for allegedly violating defense export regulations and failing to voluntarily disclose those violations, the agency announced in an order and settlement agreement this week. The Directorate of Defense Trade Controls said Island Pyrochemical Industries Corp. illegally acted as a broker between Brazilian and Chinese companies for shipments of chemicals used in explosives and made false statements on a license application to DDTC.