Exports to China

As China continues to gain ground in technology competition with the U.S., Congress should pursue more investment and visa restrictions to prevent China from accessing sensitive U.S. technologies, the U.S.-China Economic and Security Review Commission said in a Dec. 1 report. Commissioners said China’s access to U.S. technologies is helping it innovate and export surveillance tools and other advanced technologies globally.

Export Compliance Daily is providing readers with the top stories for Nov. 23-27 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.

The Office of Foreign Assets Control sanctioned the China National Electronics Import & Export Corp. (CEIEC), a Chinese state-owned company that exports advanced technologies and technical expertise globally, OFAC said Nov. 30. The agency designated CEIEC for selling technology, software and training to Venezuelan government entities, which then use the products to bolster the Nicolas Maduro regime’s “malicious cyber efforts.”

The Bureau of Industry and Security expects to roll out a more multilateral approach to export controls under the Joe Biden administration but does not expect any major changes to its China policies or Entity List decisions, a senior Commerce Department official said. The official pointed to the strong bipartisan support among lawmakers for Chinese sanctions and export controls, which likely will continue under a new administration. “I don't see that going away. I think the Hill is engaged. I think at least from what President-elect Biden has announced with his Cabinet, these are folks who are familiar with the national security issues,” the official, who declined to be named in order to speak candidly about BIS, said in an interview last week. “So I don't expect a lot of substantive change.”

While the Joe Biden administration will likely pursue more multilateral sanctions than the Trump administration, industry should not expect the Office of Foreign Assets Control to reverse its yearslong trend of increased sanctions, a former OFAC official and law firms said.

A Chinese national who is a naturalized U.S. citizen and former Raytheon Missiles and Defense engineer was sentenced to 38 months in prison after pleading guilty to violating U.S. export controls, the Justice Department said Nov. 17. Wei Sun, who was charged in January (see 2002050025), violated the Arms Export Control Act when he took a company laptop with sensitive military technology data to China. His computer contained data controlled under the International Traffic in Arms Regulations, including technical information on a missile guidance system. Raytheon didn’t comment.

The Trump administration is considering imposing new export controls and sanctions against China in the coming weeks, a senior administration official said. The moves are meant to further cement Trump’s China policies under the incoming Joe Biden administration, the official said, which may find the measures difficult to reverse.

When the Joe Biden administration takes office, it will likely continue the Commerce Department's emphasis on export controls and entity listings to stay ahead in technology competition with China, said Eric Sayers, an Asia-Pacific policy expert with the Center for a New American Security. Although both tools have been heavily used by the Trump administration, Biden might do more to convince allies to also impose those restrictions, especially as the U.S. fights to maintain commercial leadership in the semiconductor sector, Sayers said.

The European Union is increasingly losing out in technology competition with the U.S. and China, technology and trade experts said during a Nov. 6 event hosted by Chatham House. While they suggested more EU cooperation with the U.S., they also said Europe needs a different approach to technology regulation to keep from falling further behind.

China’s new export control law (see 2010190033 and 2010220024) is expected to significantly impact trade and may include “very broad” catch-all controls, leading to compliance burdens for companies doing business in China, law firms said. Businesses should review their compliance programs to make sure they are prepared for the regulations and to avoid potential Chinese penalties, firms said, which could be severe.