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."
The Bureau of Industry and Security's recently issued FAQs for its new Affiliates Rule (see 2509290017) are “helpful in clarifying the scope” of the rule, but they also leave some “burning” questions unanswered, ArentFox said in a client alert.
The Bureau of Industry and Security added 29 entities to the Entity List, including three addresses, for either helping to illegally supply U.S.-origin items to Iran or for their ties to Iranian procurement networks, BIS said in a final rule released and effective Oct. 8. BIS said the entities supplied or diverted aircraft parts, drone components, electronic items and other products to Iran, including to Iranian companies already on the Entity List or the Treasury Department’s Specially Designated Nationals List.
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U.S. and allied export controls have failed to stop China from buying “vast quantities of highly sophisticated” semiconductor manufacturing equipment (SME) it could use to advance its chipmaking capabilities and bolster its military and surveillance apparatus, the House Select Committee on China said in a new report Oct. 7.
The Bureau of Industry and Security is adding 26 entities to the Entity List for illegally supplying aircraft parts, drone components, electronic items and other products to Iran, and the agency is adding three addresses to the list for links to an Iranian procurement network. Nineteen of the new entries are based in China, nine are in Turkey and one is in the United Arab Emirates, BIS said in a final rule released and effective Oct. 8. They will be subject to license requirements for all items subject to the Export Administration Regulations, and licenses will be reviewed under a presumption of denial.
A new message on the Bureau of Industry and Security's website alerts exporters that the agency is prioritizing reviews of urgent license applications during the government shutdown, and it provides instructions on how to request expedited reviews.
Applied Materials, the largest American semiconductor equipment supplier, is projecting hundreds of millions of dollars in losses to its China-related revenue because of the Bureau of Industry and Security's new Affiliates Rule.
Exporters shouldn't expect a grace period from enforcement under the Bureau of Industry and Security's new 50% rule, but the agency likely is first looking for intentional violators as opposed to exporters who made good-faith efforts to comply, industry lawyers and advisers said in interviews.
Although the Bureau of Industry and Security in FAQs this week suggested its new 50% rule applies only to ownership and not the control that a parent company may have over an affiliate, that doesn’t mean U.S. exporters should ignore an Entity Listed company’s controlling influence over an unlisted company, said Mike Huneke, a trade lawyer with Morgan Lewis.