Although China hasn’t yet implemented its anti-foreign-sanctions law in Hong Kong, it may only be a matter of time, said Jessica Bartlett, the global head of financial crime legal at Barclays, speaking during a July 6 event hosted by the Center for Strategic and International Studies. She said multinational companies are continuing to face a “challenging” sanctions compliance environment in Hong Kong, which could grow more difficult depending on how the government decides whether and if to penalize firms for complying with foreign sanctions.
Exports to China
The State Department declined to say whether the U.S. will impose financial sanctions against the Chinese companies accused by the Commerce Department last week of helping Russia evade export controls. Rep. Michael McCaul, R-Texas, last week called on the agency to impose the sanctions (see 2206300007) and go beyond Commerce’s move of adding them to the Entity List (see 2206280056).
The U.S. didn’t do enough to penalize the Chinese companies accused by the Commerce Department this week of helping Russia evade export controls (see 2206280056), the top Republican on the House Foreign Affairs Committee said. Rep. Michael McCaul, R-Texas, said the U.S should also have placed financial sanctions on the companies, adding that State Department Deputy Secretary Wendy Sherman told the committee in April that China would face “consequences” if its companies provided support to Russia.
Although the U.S. and allies are discussing creating a new multilateral export control framework, it’s too soon to tell whether those talks will result in a formal regime, said Alan Estevez, undersecretary of the Bureau of Industry and Security. He said the group of countries has “momentum” toward a new framework, but they haven’t yet agreed to establish a formal organization to replace some of the existing multilateral regimes, such as the Wassenaar Arrangement.
Export controls may not stop all illegal shipments, but that doesn’t mean the U.S. and others should not work to improve cooperation and coordination, experts agreed during a June 27 Brookings Institution panel.
The U.S. this week announced a host of new sanctions targeting Russia’s defense industrial base, including export restrictions against entities helping Moscow evade U.S. export controls and new financial sanctions targeting state-owned companies. The sanctions target more than 100 entities and 50 people supporting Russia’s defense industry and add 36 entities to the Commerce Department’s Entity List, including six for supporting Russia’s military.
A bipartisan group of senators last week introduced a bill that could place new controls on certain exports of U.S. personal data to foreign companies and governments. The Protecting Americans’ Data From Foreign Surveillance Act would require the Commerce Department, along with other agencies, to identify “categories of personal data” that could harm U.S. national security if they were exported, and to place export restrictions on those items.
Companies with Chinese business ties should consider how they would be affected if the U.S. began imposing Russia-style export controls against China, said Crowell & Moring trade lawyer Jeff Snyder. Speaking during a June 21 webinar hosted by the firm, Snyder said his practice has begun conducting exercises to imagine how potential China-related controls would affect a business’ operations, which can help companies assess their risk exposure and make preemptive plans so they aren’t caught off-guard by trade disruptions.
Georgetown University's Center for Security and Emerging Technology published a report this week on China’s state-operated laboratory system, which is used to drive the country’s innovation and research and ultimately reduce its dependence on foreign technogloies. The report includes a dataset of 469 state labs, including a table of labs with at least one "supporting unit" subject to U.S. sanctions or export controls, such as the Commerce Department’s Entity List.
The U.S. this week spoke with China to again warn it about helping Russia avoid international sanctions, a senior administration official said. During a June 13 meeting between U.S. National Security Adviser Jake Sullivan and Chinese Politburo Member Yang Jiechi, Sullivan “reiterated concerns that the United States has raised repeatedly with China with respect to certain kinds of assistance to Russia,” the official said during a call with reporters. Although U.S. officials said they haven’t yet seen signs that China is helping Moscow evade sanctions, the U.S. has publicly and privately warned Beijing it will face severe penalties if it does so, including secondary sanctions and strict export controls (see 2203140009).