The Bureau of Industry and Security needs more resources to investigate export control violations, Commerce Secretary Gina Raimondo said this week. She also said a potential government shutdown would be “crushing” for the agency’s enforcement efforts and work on semiconductor export regulations.
Exports to China
China will appeal a World Trade Organization panel ruling rejecting its claim that the retaliatory tariffs placed on the U.S. in response to Section 232 duties were justified, the country's Ministry of Commerce said Sept. 19, according to an unofficial translation. Beijing will appeal "into the void" seeing as the Appellate Body currently doesn't function, barring future enforcement action against China in the dispute.
A new Defense Department policy memo and guidance on foreign influence within American research institutions could exacerbate already complex export control due diligence challenges at universities, said Jackson Wood, director for industry strategy at Descartes. It also could lead to larger compliance risks for universities pursuing DOD-funded research, said Kit Conklin of compliance risk advisory firm Kharon.
A think tank with roots in libertarianism that now supports a carbon tax warned that members of Congress who want to pass a carbon border adjustment tax without a domestic carbon tax face more than just litigation at the World Trade Organization.
China’s commerce ministry is paying “close attention” to a decision by Mexico in August to raise tariffs on imports of steel and other items from non-free trade agreement countries, a ministry spokesperson said last week. “Although this measure does not target specific countries,” China is monitoring its impact, the spokesperson said, according to an unofficial translation. “Judging from historical experience, raising tariffs will increase the production costs of downstream industries and reduce consumer welfare," the spokesperson said, adding that China hopes Mexico "will adhere to the principles of free trade and use such measures with caution.”
The top two lawmakers on the House Select Committee on China criticized Beijing’s decision last month to suspend imports of Japanese seafood, saying the trade restrictions are “unacceptable and must be reversed.” China suspended the imports in response to Japan's release of nuclear-contaminated water into the ocean stemming from the 2011 Fukushima nuclear power plant incident following a tsunami (see 2308220022).
On a panel on critical minerals ally-shoring, panelists representing the perspective of Latin America, the U.S., the EU and, to some degree, China, agreed that the current race to lock down supplies of the raw materials needed for advanced batteries, wind turbines and computer chips is one where every man is out for himself, and resource-rich countries in the Global South are exploited.
Republicans are asking the Biden administration to strengthen export controls against Huawei and Semiconductor Manufacturing International Company after Huawei this month unveiled a new smartphone that may have been made through means that violated U.S. export restrictions (see 2309120005). They said both technology companies should be subject to “full blocking sanctions” and their executives should face criminal investigations, adding that the Commerce Department should revoke all of their existing license applications, add all their subsidiaries to the Entity List and take other measures to cut off a broad range of shipments to both firms.
Treasury Secretary Janet Yellen said the Committee on Foreign Investment in the U.S. is doubling down on enforcement, warning industry lawyers about potential subpoenas or penalties for violating the committee's rules or mitigation agreements. Yellen’s comments came one day after Paul Rosen, who heads CFIUS, said the committee recently hired additional enforcement officials and may add more.
Sen. Marco Rubio, R-Fla., said he is concerned about the “growing relationship” between Venezuela and China, and urged the Biden administration to threaten sanctions against China for aiding the Nicolas Maduro-led regime in Caracas. In a Sept. 13 letter, Rubio noted that Maduro is in Beijing to meet with Chinese leader Xi Jinping, where Maduro is “expected to request economic and development assistance” from China. The U.S. should declare that “any decision by a Chinese entity to provide new funding for the Venezuelan regime will be met with U.S. sanctions,” Rubio said.