The Biden administration recently notified companies it no longer will approve license applications for technology shipments to Huawei, moving toward a “total ban” on U.S. sales to the Chinese telecommunications company, the Financial Times reported this week. The Commerce Department already employs a strict licensing policy for exports to the company, but the report said the administration is looking to take “an even tougher stance on China, particularly in the area of cutting-edge technology.”
Exports to China
The chairman of the House Foreign Affairs Committee, Michael McCaul, R-Texas, promised a "thorough review of the policies and procedures" at the Commerce Department's Bureau of Industry and Security after the state-run China Academy of Engineering Physics reportedly was able to continue purchasing U.S.-made semiconductors since 2020 despite being on a U.S. export ban list since 1997.
The U.S. has been “abusing export controls” and “politicizing tech and trade issues and using them as a tool and weapon” to “hold on to its hegemony and serve its selfish agenda,” Chinese foreign ministry spokesperson Mao Ning said in response to a question about a reported agreement on chip controls between the U.S., the Netherlands and Japan (see 2301270002). “China is firmly against this,” she said at a regularly scheduled press conference Jan. 30. “Such practices serve no one’s interests. They destabilize global industrial and supply chains and have given rise to global concerns.”
Despite requests from industry, the Bureau of Industry and Security may push back on publishing a comprehensive list of advanced Chinese semiconductor fabrication facilities that are subject to the October chip controls, said Kevin Wolf, an Akin Gump lawyer and former BIS official. But the agency could meet industry halfway and publish a list similar to its military end-user list (see 2012220027), which could be a regularly updated, noncomprehensive set of facilities subject to the agency’s China chip controls.
The U.S. should impose sanctions against China for allowing its companies to continue to supply semiconductors and other dual-use technologies to Russia, said Sen. Bob Menendez, chair of the Senate Foreign Relations Committee. Although the U.S. has penalized specific Chinese companies for supplying Russia -- including new sanctions this week -- Menendez said he wants to see a more “robust” set of measures.
ASML, the Netherlands’ flagship semiconductor company, said it saw higher-than-expected fourth quarter revenue and expects a 25% increase in net sales this year despite challenges caused by existing and potential future export controls against China. The company also declined to predict whether the Netherlands will join the U.S. in imposing similar chip export restrictions but warned that broad controls could severely damage the semiconductor industry.
U.S. and Japanese officials this week said they are hopeful the two countries will soon align their semiconductor export controls against China, adding to optimism within the Commerce Department that U.S. allies will eventually agree on the chip restrictions. The U.S. and Japan have made “progress” during recent talks, Japanese Ambassador Koji Tomita said, adding that they could reach more concrete results shortly.
Future U.S. presidential candidates should put forth an aggressive agenda to tackle China trade issues, including stronger export controls, experts with the American Enterprise Institute said in a blog post this month. The post, by AEI senior fellows Derek Scissors, Zack Cooper and Dan Blumenthal, includes a range of suggestions for presidential candidates to form a “comprehensive policy on how to approach the economic, military, and political threats that China poses.”
Electronics distribution company Broad Tech System and its president and owner, Tao Jiang of Riverside, California, pleaded guilty Jan. 11 to participating in a conspiracy to illegally ship chemicals made or distributed by a Rhode Island-based company to a Chinese firm with ties to the Chinese military, the U.S. Attorney's Office for the District of Rhode Island announced. Jiang and Broad Tech admitted to violating the Export Control Act and conspiring to commit money laundering.
The U.S. Court of Appeals for the 1st Circuit in a Jan. 9 opinion upheld a district court ruling sentencing Chinese national Shuren Qin to two years in prison for violating federal export controls. Qin was found guilty of shipping hydrophones with anti-submarine applications to a Chinese military university on the Commerce Department's Entity List (see 2109090033). Judges David Barron, Jeffrey Howard and William Kayatta ruled the search of Qin's laptop and cellphone "constituted a border search that was supported by reasonable suspicion that Qin was engaged in the ongoing violation of export laws," and the defendant was properly convicted (United States v. Shuren Qin, 1st Cir. # 21-1832).