The Bureau of Industry and Security is hoping its new Disruptive Technology Strike Force leads to more investigations of export control violations, faster prosecutions and more criminal enforcement actions, said John Sonderman, director of the BIS Office of Export Enforcement. The agency also is looking to clamp down on U.S.-origin items ending up in Iranian drones, said Kevin Kurland of OEE, warning that companies should make sure they’re complying with the new Iran Foreign Direct Product Rule issued last month.
The Commerce Department this week released proposed “guardrails” for recipients of Chips Act funding, which could restrict how the funding is used in certain countries and align the guardrails with export restrictions. The proposed rule would block funding recipients from pursuing certain chip investments in China and other “foreign countries of concern,” restrict them from participating in certain research or technology licensing efforts with those countries, prevent the funding from being provided to companies on the Entity List and more, Commerce said.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
The Bureau of Industry and Security should “significantly” strengthen export controls against Huawei to further restrict the Chinese technology company from buying U.S.-origin items, Rep. Michael McCaul, R-Texas, said in a March 6 letter to the agency. Although McCaul applauded its use of the Entity List and the foreign direct product rule to “curtail Huawei’s unconstrained march to dominate 5G telecommunications systems globally,” he said more should be done.
The Biden administration should impose Global Magnitsky sanctions against leading Chinese surveillance company Hikvision for its role in human rights violations against Uyghurs in China, Reps. Michael McCaul, R-Texas, and Gregory Meeks, D.N.Y., said this week. The lawmakers, the top Republican and Democrat on the House Foreign Affairs Committee, asked President Joe Biden to tell the committee within 120 days whether Hikvision meets criteria for sanctions under the Global Magnitsky Human Rights Accountability Act, pointing to the company’s “clear track record in enabling international recognized human rights violations in Xinjiang.”
The Bureau of Industry and Security approved $23 billion worth of prospective exports involving Chinese companies on the Entity List from January through March 2022, representing about 79% of all license applications it received for those companies during that time period. The data, recently released by House Foreign Relations Committee Chair Michael McCaul, R-Texas, shows an “unacceptable” amount of approvals, the lawmaker said.
China's Ministry of Commerce said this week the U.S. should immediately reverse its decision to add several Chinese entities to its Entity List (see 2303020083). The ministry said the move was "typical economic bullying" and China will take "necessary measures to resolutely safeguard the legitimate rights and interests of Chinese companies," according to an unofficial translation. The Entity List designations are an "excuse to practice unilateralism and protectionism," the ministry said.
Western democracies should pursue new restrictions on technology researchers or risk further falling behind China in global technological competition, the Australian Strategic Policy Institute said in a report that it released this week. The institute warned that China’s dominant research position could allow that country to “gain a stranglehold on the global supply of certain critical technologies.”
The Bureau of Industry and Security this week added 37 entities to the Entity List for a range of activities the agency said threaten U.S. national security, including for supporting Russia’s war effort, sending controlled items to China’s military and aiding companies already listed on the Entity List. The entities -- located in Belarus, Myanmar, China, Pakistan, Russia and Taiwan -- will be subject to a license requirement for all items subject to the Export Administration Regulations with varying license application review policies. BIS also modified 10 existing Chinese entries on the Entity List. The additions and changes took effect March 2.
Sen. Marco Rubio, R-Fla., recently reintroduced several bills that could lead to sanctions against China and North Korea: