A U.S.-based technology company “likely” violated U.S. export controls against Huawei for more than a year but hasn't yet faced penalties by the Bureau of Industry and Security, Republican staff on the Senate Commerce Committee said Oct. 26. The committee’s minority staff said Seagate Technology likely continued shipping hard disk drives to Huawei after BIS amended its foreign direct product rule last year, which imposed controls on goods that are the direct product of certain technology or software subject to the Export Administration Regulations (see 2005150058 and 2008170029).

The Commerce Department needs to address several “urgent shortcomings” in its export control policies toward China (see 2110180016) and impose stricter export restrictions and license denials for sensitive goods and suppliers of Chinese military companies, a group of Republican lawmakers said in a letter to Secretary Gina Raimondo. The 17 Republicans, all members of the House’s China Task Force, also said the Bureau of Industry and Security should commit to a timeline for releasing more emerging and foundational technology controls and issue “appropriate” restrictions on fundamental research and open-source technology platforms.

Rep. French Hill, R-Ark., opened up a discussion on a recent report on targeted decoupling based on risk, with a focus on artificial intelligence, at a virtual event at the Center for Strategic and International Studies Oct. 22. Hill said the discussion was "long overdue," and that China's direction is "squarely in conflict with the global order, balance of power in East Asia, and the continued open, market-based trading system."

The House Foreign Affairs Committee's release of export licensing information for Huawei and China’s chipmaker SMIC (see 2110210073) may not present an accurate picture of licensing approvals and may mislead industry, the Commerce Department said Oct. 22. Although the agency approved more than a combined $100 billion worth of export licenses for shipments to Huawei and SMIC from November 2020 through April, the statistics didn’t reflect pending applications set to be denied, which would have significantly lowered the percentage of approved applications for both companies.

Japan's September exports plunged due to supply chain pressures, with the growth of overseas shipments dropping 3.9% from August, the Ministry of Finance said. Japan saw its starkest drop in auto exports, essentially wiping out the gains seen from shipments of steel and chip components. Exports rose 13% from September 2020, the report said.

Tariffs imposed on goods from China during the previous administration likely contributed to the ongoing chip shortage, though an increasing demand and port congestion are bigger factors, Commerce Secretary Gina Raimondo and Sen. Todd Young, R-Ind., said. Speaking during an Oct. 20 event hosted by The Washington Post, both underscored the severity of the supply chain crisis and said lawmakers should move faster to pass legislation that would provide more funding to the semiconductor industry.

A multinational semiconductor company may have violated U.S. export controls when it transacted with two Chinese technology companies on the Entity List, according to its October Securities and Exchange Commission filing. Arteris, which is headquartered in California, said it maintained a business “relationship” with HiSilicon Technologies Co. and Chongxin Bada Technology Development Co., Ltd., which may have resulted in “inadvertent” violations of the Export Administration Regulations. The Bureau of Industry and Security added HiSilicon to the Entity List in 2019 as an affiliate of Huawei (see 1905160072) and added Bada in 2020 (see 2008260038).

U.S. intervention in the transaction between South Korea’s Magnachip Semiconductor Corp. and Beijing’s Wise Road Capital could set a new precedent for investment reviews and lead to more extraterritorial screening by U.S. trading partners in Europe and elsewhere, lawyers said.

Export Compliance Daily is providing readers with the top stories for Oct. 4-8 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.

Intel is optimistic about the results of last week’s inaugural meeting in Pittsburgh of the EU-U.S. Trade and Technology Council (see 2110010036) because it has “significant operations on both sides of the Atlantic, including semiconductor plants and R&D centers,” blogged Chief Trade Officer Jeff Rittener Oct. 5. “The conversations that took place take us one step closer to alignment on regulatory policies to help reduce trade barriers.” The TTC established a multilateral approach to export controls as a top priority for “supporting a global level-playing field,” he said. “A harmonized export control regime among like-minded transatlantic partners would ensure products are available in an increasingly digital world.” The regime has “significant potential for increased cooperation and harmonization between the U.S. and the EU, especially as narratives such as technological sovereignty and open strategic autonomy shape dialogues,” Rittener said. “[B]oth entities should make sure that any new controls are smart controls that meet the national security objectives of the EU and U.S.”