As U.S. chip and technology companies continue to grapple with the U.S’s latest export restrictions on China (see 2211010042), a number of firms fear the controls will hurt their sales and exacerbate uncertainty in the semiconductor sector and the industry’s supply chains. In filings with the Securities & Exchange Commission this month, at least one firm projected revenue losses while others said they are still assessing the impact of the complex controls and whether they can secure export licenses.
A United Arab Emirates company violated U.S. export controls by shipping or trying to ship more than $50,000 worth of U.S.-origin telecommunications items to Syria and Iran, the Bureau of Industry and Security said in a charging letter released last week. The company, WEBS Electronics Trading Company, and its owner, Mohammad Alhamra, also lied to a BIS agent when it said it didn’t export to Syria.
The top Republican on the House Foreign Affairs Committee is asking the Commerce Department to provide its licensing data and communications with chip companies, along with a broad swathe of related information, to make sure the agency is implementing its new China controls “fairly across all market players.”
Nearly a month after the U.S. announced new export controls on advanced computing and semiconductor equipment destined to China, lawyers and companies are still grappling with what they say is a complex set of regulations and are awaiting clearer government guidance on how and whether their activities are covered. The dense regulations, along with lengthy response times from the Bureau of Industry and Security, have caused firms to delay decisions on shipments until they can better understand their risks and BIS’s due diligence requirements, trade attorneys and industry officials said in recent interviews.
The Bureau of Industry and Security received more than 150 questions ahead of its Oct. 13 public briefing on its new China-related export controls (see 2210070049) and plans to issue guidance for the restrictions on a rolling basis, senior BIS official Thea Kendler said during the briefing. She said guidance will include frequently asked questions that the agency will look to continually update on a “rolling” basis. “Let me assure you that we understand the need for speed in issuing FAQs,” Kendler said.
Michigan-based Thermotron Industries violated U.S. export controls when it shipped a controlled environmental test chamber to South Korea without a license, the Bureau of Industry and Security said in an enforcement order released this week. BIS said Thermotron, an environmental test equipment manufacturer, exported the test chamber in 2012 despite it being subject to missile technology controls and subject to a license requirement under Export Control Classification Number 9B106.
The Bureau of Industry and Security should clarify a number of items related to its new upcoming export controls on certain electronic computer-aided design (ECAD) software (see 2208120038 and 2208250036), including its definition for “specially designed,” semiconductor companies told the agency in comments this month. BIS should also consider updating other areas of the control, some said, including making it eligible for License Exception TSR (Technology and software under restriction).
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U.S.-based technology company Oracle this month updated its export control licensing guidance for its software products. The guidance features an Export Control Classification Number matrix, which lists the ECCN for various Oracle products and whether they require a license or are eligible for certain export license exceptions. The company updated a similar guidance for its hardware products earlier this year.
The Bureau of Industry and Security this week issued a new set of frequently asked questions covering the Entity List, Russia-related export controls and Russia-related sanctions evasion.