Sen. Tom Cotton, R-Ark., urged the Commerce Department on Oct. 30 to support Malaysia’s new efforts to prevent the country from being used to smuggle export-controlled U.S. chips to China.
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.
More than 50 congressional Democrats, including Senate Banking Committee ranking member Elizabeth Warren, D-Mass., and House Foreign Affairs Committee ranking member Gregory Meeks, D-N.Y., urged the Trump administration Oct. 27 to reverse its recent decision to roll back a Biden-era interim final rule that increased restrictions on firearms exports.
It seems unlikely that the Bureau of Industry and Security could withdraw its new 50% rule either due to industry pushback or as part of trade negotiations with China, said Matt Axelrod, the former BIS export enforcement chief.
A former State Department analyst on export control and sanctions evasion under President Joe Biden and a former National Security Council director for China under President George W. Bush agreed that the Bureau of Industry and Security's 50% rule was not fully thought through before its announcement.
The U.S. District Court for the District of Columbia on Oct. 17 rejected both the government’s and law firm Husch Blackwell’s motions for judgment in a Freedom of Information Act dispute involving the Entity List. It gave the Commerce Department time to provide adequate justifications for its decisions to withhold certain information but said the ones it already provided weren’t enough (Husch Blackwell v. Department of Commerce, D.D.C. # 24-2733.
President Donald Trump told reporters that unless China stops fentanyl shipments, resumes buying U.S. soybeans and stops playing "the rare earth game with us," he won't lower tariffs.
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.
David Peters has been sworn in as assistant secretary of commerce for export enforcement at the Bureau of Industry and Security, an agency spokesperson said in an e-mail Oct. 16. Peters, who received Senate confirmation earlier this month (see 2510080002), has pledged to “aggressively” enforce U.S. export controls (see 2506130035). Separately, the State Department said Thomas DiNanno was sworn in Oct. 10 as undersecretary for arms control and international security.
The Commerce Department is investigating Singapore-based data center company Megaspeed for potentially helping Chinese companies evade U.S. export controls on sensitive Nvidia chips, The New York Times reported last week. Megaspeed is reportedly poised to buy $2 billion of Nvidia AI technology over the next year, and the Commerce probe is looking into whether it has been indirectly funneling some of those chips to China, including to data centers in Malaysia and Indonesia that appear to be remotely serving Chinese customers. "U.S. officials have also been scrutinizing whether Megaspeed diverted some of those chips on to China, in violation of U.S. law," the report said.