Sen. Mark Warner, D-Va., one of the primary movers behind the Chips Act, told an audience that more domains need policymakers' attention so that they don't wake up to find that China has become dominant in an important emerging technology. He noted that before becoming a politician, he "was in the telecommunication space," and said that realizing that China is dominating 5G with two heavily subsidized champion companies was the "final wake-up call" that engagement and deeper trade with China is not the right way to go.
Chip export news
Semiconductor companies are still awaiting licensing decisions on their chip-related activities involving China under the U.S.’s new export controls, with some concerned that licenses awarded to their competitors could hurt their revenue. In earnings calls and filings with the Securities and Exchange Commission this month, U.S. chip and technology companies said they continue to prepare for drops in sales to China and that they fear Chinese customers may soon replace them with alternative suppliers, causing some U.S. companies to permanently lose their market share in China.
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The Netherlands doesn’t plan to mirror the U.S.’s recent chip restrictions on China (see 2210070049) “one-to-one” and will seek to impose export controls “on our own terms,” Liesje Schreinemacher, the country’s foreign trade minister, told Dutch news outlet NRC Nov. 18. Schreinemacher said the Netherlands has been talking “intensively” with the U.S. about export controls for two years, the report said, but a consensus on chip restrictions hasn’t been reached. But she also said a deal “could be reached within a few months,” the report said.
The Bureau of Industry and Security’s new Unverified List policies, which allow the agency to move a company from the UVL to the Entity List if it can’t complete an end-use check within 60 days, likely will lead to an uptick in companies added to the Entity List, said Nazak Nikahtar, former acting BIS undersecretary. Nikakhtar said she believes many Chinese companies added to the UVL won’t participate in an end-use check that meets the U.S.’s standards.
The U.K. this week ordered a subsidiary of China’s Wingtech Technology to divest from Britain's largest microchip facility, Nexperia Newport (formerly Newport Wafer Lab), several months after U.S. lawmakers urged the Biden administration to intervene in the acquisition. The U.K.’s Department for Business, Energy & Industrial Strategy’s decision will force Wingtech’s subsidiary, Netherlands-based Nexperia, to sell at least 86% of its stake in Nexperia Newport “within a specified period and by following a specified process.” Nexperia acquired the stake in then Newport Wafer Lab in 2021.
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Congress should create a new, “permanent” committee in the executive branch tasked with planning sanctions against China under “a range of possible scenarios,” including if it invades Taiwan, a congressional commission said this week. The bipartisan commission also said the Commerce Department should provide Congress with regular enforcement and licensing reports on certain China-related export control decisions and said the administration should create a new list of Chinese firms that should be subject to strict export licensing requirements.
Companies should expect “robust enforcement” from the Bureau of Industry and Security surrounding its new China-related chip controls (see 2211010042 and 2210070049), which could include more end-use checks and additions to the Entity List, said Stephenie Gosnell Handler, a Gibson Dunn trade lawyer, speaking during a webinar hosted by the law firm this week. She said companies should “ensure their red flag indicators are up to date and are being vetted appropriately.”
U.S. and foreign companies “seem to be equally confused” by the Bureau of Industry and Security's new China chip export restrictions (see 2210070049), said Alison Stafford-Powell, a trade compliance lawyer with Baker McKenzie, speaking Nov. 15 during a virtual event hosted by the law firm. She called the new BIS rule “incredibly complex" and said industry needs more guidance from the agency.