The Commerce Department should tighten export restrictions on China’s top chipmaker to prevent it from importing sensitive semiconductor equipment and exploiting a U.S. export control loophole, Sen. Marco Rubio, R-Fla., and Rep. Michael McCaul, R-Texas said. The lawmakers, who voiced similar concerns to Commerce last year (see 2103190005), said in a March 17 letter to Commerce that its export control licensing policies for Semiconductor Manufacturing International Corporation are “ineffective” and are denying less than 1% of export applications to sell technology to the company.
The Senate will need to amend the House China package with upper chamber language and send it back to the lower chamber in order to begin conferencing the two measures, Senate Majority Leader Chuck Schumer, D-N.Y., said March 17. Calling it a procedural step, he noted a “small band of Republicans” is standing in the way of “quick action.”
Senate Majority Leader Chuck Schumer, D-N.Y., and Senate Minority Leader Mitch McConnell, R-Ky., are negotiating to begin conference on the China package this work period, a Senate aide said by email. The work period is scheduled to end April 8.
Ahead of a meeting with Chinese officials, U.S. national security adviser Jake Sullivan publicly warned China that it will face severe penalties if it helps Russia evade Western sanctions. The Biden administration is “watching closely” to see whether Beijing provides Moscow with “material support or economic support,” Sullivan told CNN March 13, which could give Russia an economic lifeline as it faces crippling financial restrictions from Europe, the U.S. and many of its trading partners.
Even before new sanctions and export controls targeting Russia take full effect, many companies are deciding that compliance and due diligence costs are not worth the potential profits of continued business dealings in Russia and Belarus, former U.S. export control and sanctions officials said, speaking at a Washington International Trade Association panel on March 10.
Rina Pal-Goetzen, a former Commerce Department official, joined the Semiconductor Industry Association as director of global policy, SIA announced March 7. Pal-Goetzen will work with policymakers in the U.S. and abroad, as well as industry, to “advance the association’s international trade policy agenda,” SIA said. Pal-Goetzen previously worked on trade policy at Commerce and served as general counsel for 3D printed microTEC, a California-based 3D printing company.
The Commerce Department could impose strict export controls, including through the Entity List, on Chinese companies that violate U.S. export restrictions against Russia, agency officials said this week.
Margrethe Vestager, the European Union's commissioner for competition, connected overreliance on China to the Russian invasion of Ukraine in a speech in Paris on March 7. Vestager didn't mention China by name, but spoke of the need to have more European production of semiconductors, and said if Europe then partners "with like-minded democracies we can stabilize our supply chain. Because, crisis or not, Europe cannot do it alone."
The U.S. is imposing additional sanctions and new export controls following Russia's "further invasion of Ukraine," as promised by President Biden in his Feb. 22 speech (see 2202220003). The sanctions cover financial restrictions on Russian state-owned enterprises, banks, and individuals, while the export controls set restrictions on a variety of high-tech products. The new measures are part of an "unprecedented level of multilateral cooperation" according to the White House.
More sectoral sanctions targeting vulnerable elements of the Russian economy that rely on imports, such as semiconductors and other high-tech products, appear likely, said trade lawyers on a Feb. 23 panel hosted by law firm Thompson Hine. Following President Joe Biden's executive order and statements imposing sanctions on Russia (see 2202220003), they agreed, "the [U.S.] government is holding more in its back pocket" following the first tranche of sanctions announced on Feb. 21 and 22.