Recently introduced bills that could codify aspects of the Bureau of Industry and Security's suspended 50% rule show that lawmakers may be moving toward giving BIS more Entity List authority, said Ashley Roberts, a trade and national security lawyer with Hogan Lovells.
Nearly 21,000 companies could be affected by new export license requirements if the Bureau of Industry and Security reinstates its 50% rule, also known as the Affiliates Rule, financial services company Moody's said this week.
Sen. Chris Van Hollen, D-Md., this week criticized the Trump administration’s decision to suspend the Bureau of Industry and Security's 50% rule (see 2510300024) and allow exports of Nvidia H200 chips to China, suggesting the U.S. is sacrificing national security for improved trade relations with China.
The Trump administration has halted plans to sanction a Chinese spy agency and will refrain from imposing any “major new export controls” on China to avoid disrupting the trade truce reached between the two sides in South Korea earlier this year, the Financial Times reported.
Rep. Michael McCaul, R-Texas, chairman emeritus of the House Foreign Affairs Committee, said Nov. 20 that he plans to introduce a bill to place subsidiaries on the Bureau of Industry and Security’s Entity List if they're owned 50% or more by companies on that list.
The U.S. decision to suspend the Bureau of Industry and Security's 50% rule was met with both relief and exasperation by U.S. exporters, some of whom welcomed more time to prepare while also expressing frustration with the time and resources they already spent trying to comply, including buying expensive screening software.
The U.S. will suspend the Bureau of Industry and Security's 50% rule, known as the Affiliates Rule, for one year starting Nov. 10, the White House said in a fact sheet released Nov. 1. The supension was negotiated during trade talks between U.S. and Chinese officials this past week.
The U.S. will suspend the Bureau of Industry and Security’s 50% rule for one year in exchange for Beijing postponing its export restrictions on rare earths for one year, the two sides announced Oct. 30.
China’s recently issued rare earth export controls were likely a response to the Commerce Department’s 50% rule for the Entity List and highlighted the ongoing communication issues between the two sides, said David Sacks, the White House’s AI policy adviser.
President Donald Trump reacted angrily to China's plan to expand export restrictions, including when rare earths are in products made abroad (see 2510090021. In a social media post that seemed to trigger a 2.7% drop in the S&P 500, he wrote, "Dependent on what China says about the hostile 'order' that they have just put out, I will be forced, as President of the United States of America, to financially counter their move. For every Element that they have been able to monopolize, we have two."