Commerce’s Bureau of Industry and Security added five Chinese entities to its Entity List, the latest escalation in the U.S. and China’s ongoing trade war. The move restricts the entities' ability to purchase certain U.S. products and will require licenses for all items subject to the Export Administration Regulations with a review policy of presumption of denial. The entities are: Chengdu Haiguang Integrated Circuit, Chengdu Haiguang Microelectronics Technology, Higon, Sugon and Wuxi Jiangnan Institute of Computing Technology. The Wuxi Jiangnan Institute is owned by owned by the Chinese government, Commerce said.
Commerce’s Bureau of Industry and Security added five Chinese computing companies to its Entity List, requiring licenses for all items subject to the Export Administration Regulations with a review policy of presumption of denial. The entities are: Chengdu Haiguang Integrated Circuit, Chengdu Haiguang Microelectronics Technology, Higon, Sugon and Wuxi Jiangnan Institute of Computing Technology.
Senate Intelligence Committee Vice Chairman Mark Warner, D-Va., and Sen. Marco Rubio, R-Fla., urged President Donald Trump's administration on June 13 not to use U.S. restrictions on Huawei as a “bargaining chip in trade negotiations” with China. The Commerce Department's Bureau of Industry and Security issued a notice adding Huawei and affiliates to a list of entities subject to export administration regulations beginning May 16 (see 1905160072). BIS issued a general license temporarily allowing certain transactions by Huawei and the affected affiliates through Aug. 19. Trump later said sanctions against Huawei could be part of trade negotiations with China.
The Commerce Department’s Bureau of Industry and Security renewed the temporary denial order of export privileges issued to Mahan Airways and several affiliated people and entities in 2018, according to an order signed by the Office of Export Enforcement on June 5. The order was renewed to “prevent an imminent violation” of more regulations, Commerce said.
U.S. companies that sell defense products to foreign countries or entities must report all offsets agreements greater than $5 million to the Commerce Department by June 15, the Bureau of Industry and Security said in a notice scheduled to be published in the Federal Register June 6. Companies must also report any offsets transactions completed within an existing commitment “for which offsets credit of $250,000 or more has been claimed from the foreign representative,” the notice said. Commerce is asking for reports of offsets agreements that took place during the 2018 calendar year.
The Commerce Department plans to issue an advance notice of proposed rulemaking for export controls of foundational technologies in the coming weeks, Commerce officials said. The notice will be published “quite soon” and in “weeks, not months,” said Rich Ashooh, Commerce's assistant secretary for export administration, speaking at a June 4 Bureau of Industry and Security Regulations and Procedures Technical Advisory Committee meeting. Hillary Hess, director of Commerce’s regulatory policy division, was more reserved in her prediction, saying she is unsure exactly when the notice will be released but assuring the committee it is the next export-related notice that BIS plans to publish. “It is in the process now,” Hess said at the meeting. “We’re trying to prepare it.”
China is investigating complaints from U.S. exporters about Chinese customs clearances, including accusations of slower processing, increased inspections and inexplicable delays in licensing approval, China’s Vice Minister of Commerce Wang Shouwen said during a June 2 press conference. Wang said he did not know if the complaints were about “a real or specific situation,” according to an unofficial translation of his comments, but some U.S. exporters allege the moves are another step in China’s 2018 threat to take retaliatory measures against the U.S. that extend beyond tariff hikes (see 1905290041).
The Commerce Department Bureau of Industry and Security's Office of Antiboycott Compliance settled with a U.S.-based company for $54,000 after the company committed 27 violations of the Export Administration Regulations, enforcement records show. An order signed by Commerce May 20 says Zurn Industries, LLC completed transactions from the U.S. to Qatar and the United Arab Emirates related to actions that “would have the effect of furthering or supporting a restrictive trade practice or unsanctioned foreign boycott.” Zurn did not report “receipts of these requests” to Commerce, as required by law, the records said. Zurn must pay the fine to Commerce within 30 days of the order or face additional charges, and may have export licenses or privileges revoked. If Zurn does not pay the fine, its “export privileges” will be denied for one year.
The temporary general license issued by the U.S. after it added Huawei Technologies to its Entity List has offered “almost no relief” for the U.S. semiconductor industry, which has been hurt severely by the move, said John Neuffer, president and CEO of the Semiconductor Industry Association. Speaking on U.S.-China trade issues at a Washington International Trade Association discussion on May 29, Neuffer underscored the importance of the Chinese market to U.S. semiconductor exporters and called on the Trump administration to more tactfully negotiate with China. “We would like the U.S. government to better balance its national security concerns with its economic security concerns,” Neuffer said.
The Commerce Department plans to roll back regulations that make it easier for U.S. exporters to sell goods that have both civilian and military purposes, making it more difficult for China to acquire U.S. technology, according to a May 23 report by Politico. As part of its plans, Commerce is considering ending a general policy of approving export licenses for products bound for civilian use, instead switching to reviews on a “case-by-case basis,” the report said. Commerce’s plans include “four regulatory actions” that target China under the Export Control Reform Act, including options that would revoke two license exceptions relating to shipping restricted technology to China and an option that would expand a ban on U.S. defense-related exports to China, the report said.