The U.S. will likely continue to update the regulations for the Committee on Foreign Investment in the U.S., which has created some complications for industry, trade lawyers told the American Bar Association April 15. The recently revised regulations have also severely reduced incoming Chinese investments, which could have long-term implications, one lawyer said.
Two Republican lawmakers urged the Commerce Department to place more restrictions on exports of electronic design automation tools (see 2104060045). In an April 13 letter, Rep. Mike McCaul of Texas and Sen. Tom Cotton of Arkansas said they are concerned that EDA tools are being used by Chinese companies -- including Phytium Technologies, which was added to the Entity List this month (see 2104080011) -- to develop advanced weapons and support the Chinese military.
Intel “generally” opposes the U.S. imposing “unilateral export controls” on foreign tech companies suspected of threatening U.S. national security, Tom Quillin, senior director-security and trust policy, told a virtual forum convened April 8 by the Commerce Department’s Bureau of Industry and Security to identify risks in the semiconductor supply chain (see 2103290003). BIS said it will use feedback from the forum, plus comments received in its notice of inquiry (see 2104060045), to help shape recommendations to the White House on President Joe Biden’s Feb. 24 executive order to relieve supply chain bottlenecks (see 2103110047 and 2102240068).
President Joe Biden has yet to choose a leader for the Bureau of Industry and Security, leaving the agency without a clear direction as it considers competing visions for the direction of American technology policy. The rival factions seeking to influence Biden’s choice underscore how much of an outsized role the once relatively unknown agency will play in implementing the Commerce Department’s efforts to outpace China in emerging technologies and control what lawmakers say is an overdue set of critical technologies.
Officials from the Commerce, Energy and State departments held a virtual event with Malaysian government officials this week to commend Malaysia’s efforts to implement strategic export controls. The event was held to commemorate the 10th anniversary of Malaysia’s Strategic Trade Act, which provides a “strong regulatory framework” for export controls, Jeremy Pelter, acting undersecretary for the Bureau of Industry and Security, said in an April 8 statement. The U.S. agencies said they remain “committed to advancing strategic trade control cooperation now and into the future.”
The Bureau of Industry and Security added seven Chinese entities to the Entity List for procuring U.S.-origin items in a way that harms U.S. national security, BIS said in an April 8 final rule. The seven “supercomputing entities” also support China’s military and help it develop modern weapons, the Commerce Department said.
The Office of Foreign Assets Control issued guidance April 5 clarifying that it generally won’t pursue sanctions against humanitarian-related transactions or exports to Syria as long as the items wouldn’t normally require an OFAC license. The guidance was issued about a week after the U.S. committed to providing more humanitarian aid to respond to the Syria crisis.
The Commerce Department should be careful not to place unilateral export restrictions on semiconductors and should invest heavily in domestic chip innovation, technology companies told the agency in comments due this week. But at least one think tank urged Commerce to pursue more strict controls and argued that decoupling from China along the semiconductor supply chain is inevitable.
Newly confirmed Commerce Secretary Gina Raimondo interviewed Chinese technology expert James Mulvenon to head the Bureau of Industry and Security, Reuters reported March 30. It’s unclear whether the interview will lead to a “vetting” for the undersecretary post, the report said, or how many others will be interviewed. A BIS spokesperson declined to comment.
The State Department on March 31 issued its annual report to Congress certifying that Hong Kong doesn’t warrant differential treatment from mainland China under U.S. law. The report follows a determination last year by the Trump administration that Beijing’s so-called national security law was infringing upon Hong Kong’s autonomy, which led to a series of U.S.-imposed trade restrictions, sanctions and export controls (see 2005270026, 2012220053 and 2103170027). Secretary of State Antony Blinken said the U.S. will continue to work with Congress and allies “to stand with people in Hong Kong against [China’s] egregious policies and actions.”