The Commerce Department should use the Entity List and potentially its anti-boycott regulations to respond to Beijning’s restrictions on U.S. chip company Micron (see 2305220053 and 2305240002), Reps. Michael McCaul, R-Texas, and Mike Gallagher, R-Wis., said in a June 1 letter to Commerce Secretary Gina Raimondo. The lawmakers said it’s time for the U.S. and its partners to “firmly push back” on China’s “economic coercion, adding that it "can no longer sit on the sidelines as the [People’s Republic of China] selectively targets U.S. and allied entities with the goal of intimidating our businesses and harming our economic security.”
The Committee on Foreign Investment in the U.S. is open to working with lawmakers on a bill that could block China, Russia, Iran and North Korea from investing in American land or agricultural companies, said Paul Rosen, the head of CFIUS. While Rosen didn’t explicitly endorse the Promoting Agriculture Safeguards and Security Act, suggesting that CFIUS would need more resources if its jurisdiction were broadened, he said the legislation raises valid concerns.
Lawmakers this week previewed two bills that could expand U.S. export controls, including one that could require the U.S. to impose new license requirements on certain data exports and another that would require the administration to create a tool to counter economic coercion.
The U.S. this week issued its first set of Sudan sanctions since a May executive order expanded U.S. sanctions authority against the country (see 2305040037), designating four companies, including its largest defense firm, earning revenue or contributing to Sudan’s ongoing military conflict. The designations, announced June 1 by the Office of Foreign Assets Control, include four new general licenses to authorize certain essential transactions, including for humanitarian aid.
The Bureau of Industry and Security has seen a recent spike in completed end-use checks in China after years of dormancy, which has allowed the agency to verify controlled items went to their intended destination, said Matthew Axelrod, top export enforcement official at BIS. Axelrod, speaking during a Senate Banking Committee hearing this week, said the agency has completed more than 90 checks in the last seven months, a stark turnaround from a government in China that hadn’t “scheduled a single end-use check for us in over two years.”
The Bureau of Industry and Security doesn't have a draft rule in place to increase export licensing requirements for Huawei despite rumors this year that new restrictions for the Chinese technology company were imminent, said Thea Kendler, BIS assistant secretary for export administration. Kendler also said the agency has seen a sharp decline in China-related license applications, is spending more time reviewing those applications and is prioritizing reviews of artificial intelligence items, quantum computing technology and biotechnology for new export controls.
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The U.S. is considering an outbound investment regime that could restrict capital flows in the advanced semiconductor, artificial intelligence and quantum computing sectors, a senior Treasury Department official said this week, the administration’s first public confirmation of a potential scope for upcoming restrictions that have been under construction for months. Paul Rosen, the head of the Committee on Foreign Investment in the U.S., said the government is still working on the mechanism and declined to provide a release date, but stressed those three sectors are a priority.
The chair of the House Financial Services Committee is asking the Treasury Department for more information about potential outbound investment restrictions in China, including what types of investments in specific technologies would be targeted, whether the Biden administration plans to establish the regime through a national emergency and if the restrictions would be more effective than traditional trade restrictions. Rep. Patrick McHenry, R-N.C., is concerned outbound investment restrictions “would prove futile,” the lawmaker’s news release said, and would “further serve” China’s goal of “limiting the influence of Western firms in Chinese markets.”
The Bureau of Industry and Security recently published its response to an advisory opinion request on whether certain information shared with the International Civil Aviation Organization during aircraft standards development activities would be subject to the Export Administration Regulations. The requester, whose name was redacted, believes that the information contains “non-proprietary system descriptions” and therefore isn’t subject to the EAR.