The Bureau of Industry and Security hasn’t done enough to restrict exports of sensitive technologies to Chinese artificial intelligence companies, Republican senators said in a Nov. 15 letter to Commerce Secretary Gina Raimondo. The senators urged BIS to “expeditiously review and then add” to the Entity List all A.I. suppliers to China’s military, including those listed in a recent report by Georgetown University. In a report last month, university researchers said very few A.I. suppliers to China face specific U.S. export controls (see 2110290018).
Exports to China
A bipartisan congressional commission called on the U.S. to take more aggressive steps to stop China from acquiring sensitive U.S. technologies, including through more export controls and sanctions. The recommendations, released Nov. 17 by the U.S.-China Economic and Security Review Commission as part of its annual report to Congress, could make sweeping changes to how the Commerce Department imposes certain export controls and how U.S. agencies coordinate trade restrictions.
The Bureau of Industry and Security needs to better enforce its foreign direct product (FDP) rule, which is not adequately stopping Huawei and other Chinese companies from acquiring certain sensitive U.S.-produced technology, eight Republican senators said in a Nov. 15 letter to Commerce Secretary Gina Raimondo. The senators said Commerce’s “lax enforcement” of the rule has encouraged other technology firms to sell to companies on the Entity List, said the lawmakers, who all serve on the Senate Committee on Commerce, Science and Transportation.
The Senate is “likely” to vote on the annual defense policy bill this week, which could include the Senate-passed U.S. Innovation and Competition Act of 2021, Senate Majority Leader Chuck Schumer, D-N.Y., said. In a Nov. 14 letter to lawmakers, Schumer said “there seems to be fairly broad” bipartisan support for adding USICA to the National Defense Authorization Act, which would allow a USICA negotiation with the House “to be completed alongside” the NDAA before the end of the year. The House plans to write its own version of USICA.
The U.S. needs to strike a better balance between targeting Chinese technology theft and encouraging open and collaborative technology research environments, the Center for Strategic and International Studies said in an Oct. 28 report. While the government is concerned Chinese students and scientists work as “‘nontraditional collectors’ in pursuit of [China’s] technology priorities,” CSIS said those risks “can and must be dealt with while simultaneously maintaining the fundamental openness of the system.”
The U.S. should continue to impose export controls on advanced semiconductor manufacturing equipment and machinery but be careful about restricting sales of finished semiconductor products to China, Chinese economics and technology policy experts said. Controls on finished products may risk hurting U.S. semiconductor exporters and would not stop China from importing those goods elsewhere, they said.
“Very few” of the Chinese military’s artificial intelligence equipment suppliers face specific U.S. export controls, allowing China’s defense industry access to a range of sensitive U.S. technologies, Georgetown’s Center for Security and Emerging Technology said in an October report. The absence of specific export restrictions over AI suppliers highlights significant “gaps” in U.S. export control policies, the report said, and could lead to “lapses in due diligence” by U.S. exporters.
A U.S.-based technology company “likely” violated U.S. export controls against Huawei for more than a year but hasn't yet faced penalties by the Bureau of Industry and Security, Republican staff on the Senate Commerce Committee said Oct. 26. The committee’s minority staff said Seagate Technology likely continued shipping hard disk drives to Huawei after BIS amended its foreign direct product rule last year, which imposed controls on goods that are the direct product of certain technology or software subject to the Export Administration Regulations (see 2005150058 and 2008170029).
The Commerce Department needs to address several “urgent shortcomings” in its export control policies toward China (see 2110180016) and impose stricter export restrictions and license denials for sensitive goods and suppliers of Chinese military companies, a group of Republican lawmakers said in a letter to Secretary Gina Raimondo. The 17 Republicans, all members of the House’s China Task Force, also said the Bureau of Industry and Security should commit to a timeline for releasing more emerging and foundational technology controls and issue “appropriate” restrictions on fundamental research and open-source technology platforms.
Rep. French Hill, R-Ark., opened up a discussion on a recent report on targeted decoupling based on risk, with a focus on artificial intelligence, at a virtual event at the Center for Strategic and International Studies Oct. 22. Hill said the discussion was "long overdue," and that China's direction is "squarely in conflict with the global order, balance of power in East Asia, and the continued open, market-based trading system."