The Bureau of Industry and Security and the Financial Crimes Enforcement Network this week issued another set of export control evasion red flags for financial service firms along with a new key term that banks and others can include in their suspicious activity reports to FinCEN. The new term will “enable even more BIS investigative and Entity List actions against” people and companies looking to evade U.S. export controls, said Matthew Axelrod, BIS’ top export enforcement official.
Unverified List Updates
The Biden administration needs to soon update its China-related chip export controls and apply “full blocking sanctions” to Huawei and China’s Semiconductor Manufacturing International Corp., top House Republicans recently said in a letter to National Security Adviser Jake Sullivan. Those measures and others will address what the lawmakers said has been a ”failure” by the administration and the Bureau of Industry and Security to properly enforce the Oct. 7 chip restrictions, which placed new license requirements on a host of chip-related exports and activities involving China.
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.
A spokesperson for China's Ministry of Foreign Affairs said China "welcomes" the Bureau of Industry and Security's recent move to drop 33 entities from its Unverified List after the agency carried out end-use checks (see 2308210015). The move, which included Chinese companies, shows that both countries can address "specific concerns through communication based on mutual respect," the spokesperson said. In a separate release, the country's Ministry of Commerce said the BIS decision is "conducive to the normal trade between Chinese and American companies and is in line with the common interests of both parties," according to an unofficial translation. BIS made the move after an agency policy change that lets it move companies from the UVL to the Entity List if BIS is unable to conduct an end-use check on those companies within 60 days.
The Bureau of Industry and Security this week removed 33 entities from its Unverified List -- including Chinese technology companies and universities -- after it was able to successfully complete end-use checks. The entities include 27 based in China, two in Pakistan and one each in Indonesia, Singapore, Turkey and the United Arab Emirates. The agency also removed two Russian entities from the UVL because it placed both on the more restrictive Entity List last year.
Republicans last week urged the Biden administration against meeting with Beijing to discuss semiconductor export controls, saying the U.S. should not negotiate its policies with China and should instead enact tougher restrictions. They specifically asked Commerce Secretary Gina Raimondo, who is considering a trip to China, to pledge that the U.S. plans to increase its export restrictions against the country.
The Bureau of Industry and Security has seen a recent spike in completed end-use checks in China after years of dormancy, which has allowed the agency to verify controlled items went to their intended destination, said Matthew Axelrod, top export enforcement official at BIS. Axelrod, speaking during a Senate Banking Committee hearing this week, said the agency has completed more than 90 checks in the last seven months, a stark turnaround from a government in China that hadn’t “scheduled a single end-use check for us in over two years.”
Public U.S. companies should update their China-related risk disclosures to factor in a range of potential trade restrictions on the horizon, including possible U.S. sanctions against Beijing for aiding Russia and new outbound investment restrictions, said Carl Valenstein, a trade lawyer with Morgan Lewis.
The Bureau of Industry and Security this week extended its public comment periods for two recent information collections. BIS initially requested comments on each in November and is now extending the comment periods for 30 days. One information collection involves the procedure for entities on the Unverified List or Entity List to request removal or “modification” of their placement on either list (see 2211230010), and the other is related to voluntary disclosures for violations of the Export Administration Regulations (see 2211170010).
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