China implemented export restrictions on gallium- and germanium-related items, which are used to make semiconductors and other key technology, the Chinese Ministry of Commerce announced, according to an unofficial translation. The restrictions will start Aug. 1 and are to protect China's national security, the ministry said. China is the top producer of the two metals, which are also used in solar panels, lasers and night-vision goggles. Gallium and germanium exporters will be required to apply for a license and report on their international buyers.
Exports to China
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House lawmakers submitted a host of proposed export control- and sanctions-related amendments as part of the FY 2024 National Defense Authorization Act, including measures that could ease defense technology sharing restrictions, harmonize the Entity List with certain U.S. sanctions and investment restrictions and place new export control requirements on items destined to China and Iran. Other amendments could lead to new sanctions on Chinese technology companies and government officials, add the USDA to the Committee on Foreign Investment in the U.S., establish a new sanctions coordination office in the State Department and more.
Export controls need to be improved following reports that the Chinese spy balloon shot down by the U.S. earlier this year contained American technology, Reps. Michael McCaul, R-Texas, and Bill Hagerty, R-Tenn., said in an emailed statement June 29. The lawmakers cited a Wall Street Journal report that said the spy balloon was “loaded with American-made equipment” that allowed it to collect information.
Proposed U.S. guardrails around the Chips Act aren’t likely to stop semiconductor companies from applying for funding, Michael Schmidt, the Commerce Department official in charge of the program, said this week. While Semiconductor Industry Association CEO John Neuffer agreed, he also urged the government to coordinate any chip-related restrictions with trading partners or risk U.S. companies losing Chinese market share, calling the idea of decoupling a “protectionist fairy tale.”
Many companies are grappling with how best to comply with the Commerce Department’s foreign direct product rule, “one of the key areas” still “unaddressed” by the agency’s regulations and guidance, said Kim Strosnider, a trade lawyer with Covington. She said Commerce’s compliance expectations for the FDP rule are rising despite due diligence challenges faced by industry, pointing to the agency’s record $300 million penalty against Seagate Technology in April (see 2305080029 and 2304190071).
China’s recent restrictions on Micron products are having broader than expected consequences for U.S. exporters, a trade industry conference heard last week, and may portend how future Chinese retaliatory actions will affect U.S. companies.
House Select Committee on China Chair Mike Gallagher, R-Wis., is asking the Commerce Department for export licensing information involving Chinese companies with ties to Beijing’s expanding “signals intelligence” presence in Cuba. In a June 20 letter to Commerce and the Office of the Director of National Intelligence, Gallagher said China’s reported effort to expand its military and spy facilities in Cuba (see 2306130062) is likely being “aided” by Chinese telecommunications companies, including those that have violated U.S. export controls to acquire American intellectual property.
The Bureau of Industry and Security is working “day-in and day-out” on a final rule that will make tweaks to its China-related chip export controls released in October (see 2210070049), said BIS Senior Export Policy Analyst Sharron Cook. But a public release of the rule isn’t imminent -- the agency hasn’t yet sent the changes to be reviewed by other agencies, said Hillary Hess, regulatory policy director at BIS.
Even as Europe comes to see China as a systemic rival, the entanglement of the German and Chinese economies continues unabated, and what "de-risking" should look like is hotly contested, witnesses told the U.S.-China Economic and Security Review Commission at a hearing late last week.