A new Commerce Department rule aimed at making it easier for certain U.S. technologies to be shared at standards-setting bodies will “undermine” U.S. efforts to protect those sensitive technologies from being acquired by China, Rep. Michael McCaul, R-Texas, said. Although the rule, issued last week (see 2209080038), sought to allow the participation of U.S. companies in international standards bodies that have members on the Entity List, McCaul said it also undermines U.S. export restrictions. “Companies that are entity-listed are threats to national security, and we need real safeguards to ensure sensitive technology is not transferred to these bad actors,” said McCaul, the top Republican on the House Foreign Affairs Committee.
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 the title or by clicking on the hyperlinked reference number.
The U.S. and allies should impose Magnitsky-style sanctions against Chinese artificial intelligence surveillance company Hikvision for its role in human rights violations, said Dahlia Peterson, a research analyst at Georgetown University's Center for Security and Emerging Technology. Although the sanctions would “inflame” U.S.-China tensions, Peterson said they would help increase economic pressure on the company, which is already on the Commerce Department’s Entity List.
New multilateral export controls on certain electronic computer-aided design (ECAD) software won’t have an immediate effect on semiconductor companies and are unlikely to cause wide concern in the short term, industry officials said. The controls, announced by the Bureau of Industry and Security Aug. 15 (see 2208120038) and effective in October, seek to restrict an emerging technology that may not be commercially available for at least two years, although officials say it remains unclear what exactly the restrictions will cover.
A recent investigation by the DOJ Office of the Inspector General found a West Virginia University Research Corporation (WVURC) program funded by a DOJ grant to research the use of artificial intelligence to identify opioid trafficking on the dark web produced publications co-authored with individuals affiliated with organizations on the Entity List, a DOJ OIG report released Sept. 7 said.
The Bureau of Industry and Security announced an interim final rule that expands authorization for the release of controlled technology for the purposes of standards-setting activities to also include software and all entities on the agency’s Entity List. The authorization previously applied only to "technology" and some listed entities, namely Huawei and its affiliates. The interim rule addresses concerns about whether BIS licenses are required to release low-level technology for legitimate standards activities, BIS said in a Sept. 8 press release. The interim rule takes effect Sept. 9.
The Bureau of Industry and Security on Sept. 8 released an interim final rule expanding an authorization for the release of some controlled software and technology to all entities on the agency’s Entity List if the release is for the purposes of standards-setting activities. Previously, the authorization had applied only for some Entity List entities, namely Huawei and its affiliates. The interim rule takes effect Sept. 9.
California-based Arteris, a multinational semiconductor company, said it received a warning letter from the Bureau of Industry and Security after it disclosed potential export control violations (see 2110130040). The company was given the warning earlier this year after BIS decided “not to refer this matter for criminal or administrative prosecution,” Arteris said in an August SEC filing.
The Bureau of Industry and Security on Aug. 26 issued a temporary denial order barring a Belgian company and its owner for fraudulently attempting to acquire accelerometers from the U.S. on behalf of prohibited end-users in China. BIS said it suspended export privileges for Knokke-Heist Support Corporation Management (also known as Hasa-Invest) and Hans De Geetere after their “false statements made to U.S. companies to obtain the items” raised “significant concerns of future violations.”
Beijing-based TianTai Law firm this week published an alert on China’s export control laws (see 2204270040 and 2105180023), outlining how the restrictions apply to certain technologies. The alert also covers China’s Unreliable Entity List regulations and includes examples of certain technologies to show how companies should go about applying for export licenses.