U.S policymakers should further study the extent to which U.S. investors support China’s artificial intelligence industry and should revise the scope of a Treasury Department list that restricts investments in Chinese military companies, experts from Georgetown University’s Center for Security and Emerging Technology said in a new report. The report also said the U.S. should consider imposing investment restrictions on certain companies added to the Entity List.
New U.S. chip export controls are among the most complex export regulatory provisions ever published and have caused significant uncertainty in the semiconductor industry, trade groups and technology firms told the Bureau of Industry and Security in comments that were due this week. More than 40 companies, trade associations, law firms and others asked BIS to revise parts of the regulations or offer more guidance to avoid hurting U.S. competitiveness, with some saying the new controls may force foreign companies to stop using U.S.-origin items altogether rather than deal with the added compliance obligations.
The Bureau of Industry and Security's top export enforcement official is in Canada this week to discuss improving U.S.-Canadian enforcement efforts. Matthew Axelrod, BIS assistant secretary for export enforcement, said he’s meeting with the Canada Border Services Agency and the Global Affairs Canada Royal Canadian Mounted Police to share information on Russian “diversion actors,” coordinate the “targeting and conduct of pre- and post-shipment verifications and audits,” upgrade efforts to “inspect, detain, and seize illicit shipments,” and work to “reduce threats through coordinated outreach, investigations, and enforcement actions.”
The Bureau of Industry and Security added seven Iranian entities to the Entity List this week for their involvement in drone transfers to Russia, the agency said in a final rule. The entities are Iranian producers of unmanned aerial vehicles, top BIS export enforcement official, Matthew Axelrod, said during a Toronto conference this week, adding that Russia is using the drones to “attack civilian infrastructure” in Ukraine.
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 Bureau of Industry and Security added seven Iranian entities to the Entity List for aiding Russia’s military and defense industrial base. The additions, effective Jan. 31, will also be subject to the Russia/Belarus-Military End User Foreign Direct Product rule. They will require a license for all items subject to the Export Administration Regulation, and BIS will review license applications under a policy of denial except for certain food and medicine, which will be reviewed case by case. No license exceptions will be available.
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.
Jonathan Yet Wing Soong of Castro Valley, California, pleaded guilty Jan. 17 to violating export controls by conspiring to ship aeronautics software to a Beijing university, the U.S. Attorney's Office for the Northern District of California announced. Soong admitted to violating the International Emergency Economic Powers Act, making him subject to a maximum penalty of 20 years in prison and a $1 million fine.
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).
The Bureau of Industry and Security issued a 180-day temporary denial order Dec. 13 against three people and two companies for illegally sending controlled exports to Russia as part of a Moscow-led sanctions evasion scheme. Along with the denial order, DOJ indicted the three individuals, along with others, on charges related to the illegal exports, including money laundering, wire fraud, bank fraud and conspiring to defraud the U.S.