The Commerce Department should add more Chinese companies to the Entity List, better restrict China’s government organizations and target the country with unilateral controls when appropriate, China Tech Threat said this week. The organization, which is run by Strand Consult and advocates for stronger export controls on China, said Commerce should add China semiconductor companies Yangtze Memory Technologies and Changxin Memory Technologies to the Entity List and tailor export controls to better target Chinese “pseudo-government organizations.” Commerce should also “prioritize” unilateral controls on American semiconductor manufacturing equipment by employing a “control-now-cooperate-later” approach, China Tech Threat said.
The Commerce Department should expand an exemption to allow U.S. companies to participate in standards-setting bodies that have members designated on the Entity List (see 2006160035), the Information Technology Industry Council said in a set of recommendations to the Biden administration. If the exemption isn’t expanded, the U.S. will risk ceding further “ground, influence, and leadership to foreign competitors” in international technology standards development, ITI said Feb. 10.
WuXi Biologics, one of China’s largest biotechnology companies, said it complies with all U.S. export control regulations despite the Commerce Department’s decision to add two of its subsidiaries to the Unverified List this week (see 2202070012). The company said it has been approved to import U.S. export-controlled “hardware controllers for bioreactors and certain hollow fiber filters” for 10 years. “We do not re-export or resell these items to any other entity,” WuXi said Feb. 8 in a statement.
Companies could face a variety of compliance challenges if the U.S. expands its foreign direct product rule to capture exports to Russia, Cooley's Annie Froehlich, an export control lawyer, said in a Feb. 3 Atlantic Council blog post. The U.S. has reportedly considered using the rule if Russia further invades Ukraine, which could limit Russia’s ability to import certain foreign-produced chips, integrated circuits and microprocessors, the post said. “If regulatory actions are imposed, assessing exposure and implementing appropriate compliance responses will be challenging.”
The U.S. will penalize China if it tries to help Russia evade impending U.S. export controls that would be imposed if President Vladimir Putin invades Ukraine, the State Department said. Those measures would be coordinated with allies, spokesperson Ned Price told reporters Feb. 3.
Crowell & Moring has seen “mixed results” and some longer response times from the Bureau of Industry and Security for license applications captured by the agency’s military end-use and end-user rule, said Brian McGrath, a trade lawyer with the firm. But overall, McGrath said the agency has been helpful when responding to exporter questions about the rule, which imposed more due-diligence requirements on shipments that could be sent to military end users or used for military end uses in certain countries (see 2102190042).
Out of all the government’s export control regulations, two aerospace industry officials said they are spending the most time trying to comply with the Bureau of Industry and Security’s military end-user and end-use rule.
After a thermal imaging industry official this week said the Commerce Department hasn’t significantly updated its export controls surrounding infrared technologies since 2005 (see 2201260047), an agency spokesperson pointed to two recent regulatory actions that they said have updated controls.
The Commerce Department’s Sensors and Instrumentation Technical Advisory Committee submitted three Wasseanar proposals to Commerce to consider for the 2022 cycle, including two updates to previously submitted proposals. The proposals, which involve Category 6 items (sensors and lasers) on the Commerce Control List, include diode laser bar controls (6A005.d.1.c.1), an updated proposal for green lasers (6.A.5.b.3.a.2) and an updated proposal for certain semiconductor lasers (6.A.5.d.1.a), the committee said during a Jan. 25 meeting.
The Bureau of Industry and Security should update its export controls surrounding infrared technologies to allow U.S. companies to better compete with foreign firms, said Mike Muench, CEO of Seek Thermal, a thermal imaging company. Muench, speaking during a Jan. 25 meeting of the Commerce Department’s Sensors and Instrumentation Technical Advisory Committee, said BIS hasn’t “significantly” updated its infrared technology controls since 2005, when the infrared sector was dramatically different. “That was several generations ago, relatively speaking, in the technology space,” Muench said. “We really believe it's time for us to address some of these changes to allow U.S. firms to be more competitive.”