The U.S.-China competition will be the “geopolitical challenge for this generation,” Cordell Hull, principal at WestExec Advisors, told an online symposium May 5 on Indo-Pacific geopolitics hosted jointly by the Asia programs of the Foreign Policy Research Institute (FPRI) and the Wilson Center. “I certainly hope it can be managed,” and that it “doesn’t lead us into places where neither country really wants to go,” he said.

A lack of guidance from the Bureau of Industry and Security on its recent Russia-related foreign direct product rules is creating compliance “chaos” for companies operating in the region (see 2203070039), Torres Trade Law said in an April alert. The firm said businesses have been “left to fend” for themselves “when it comes to compliance with the new FDP rules,” partly because BIS hasn’t yet published any enforcement actions or settlements for either rule.

The U.S. is looking into whether Chinese semiconductor manufacturer Yangtze Memory Technologies Co. violated U.S. export controls by supplying chips to Huawei, the Financial Times reported April 27. The report said the Bureau of Industry and Security received a “credible” report by TechInsights, a semiconductor analysis firm, that Huawei is using YMTC memory chips in a new smartphone. The chips were reportedly made in February 2021, several months after the U.S. applied its foreign direct product rule to Huawei, which restricts its ability to import foreign-produced goods made with certain levels of U.S.-origin content or technology (see 2005150058).

Commerce Secretary Gina Raimondo told senators repeatedly during her testimony at a Commerce Committee hearing that the conference process for the House and Senate's China packages needs to get done as soon as possible, because other countries are offering funds to chipmakers, and companies are looking to plan new plants, because demand is so high. Raimondo said she's spoken with all the American chipmakers, and it's clear to her that if Congress doesn't act, those companies will invest in Germany, Singapore, France or Spain rather than Ohio or Arizona. Raimondo said, "They want to operate in our country, but they cannot wait. They are going to build, and if we don’t act quickly with USICA, they’ll build elsewhere."

The Biden administration should “employ all tools necessary” to stop Chinese-owned Nexperia’s acquisition of Newport Wafer Fab (NWF), a U.K.-based chip facility, the Republican-led China Task Force said in a letter to the White House released April 21. If the acquisition is completed, the U.S. should remove the U.K. from the Committee on Foreign Investment in the U.S. white list and impose strict export controls on shipments to NWF, the House members said.

Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.

Although the U.S. has been careful not to pressure some countries into imposing Russian energy restrictions and sanctions (see 2204110037), Deputy Treasury Secretary Wally Adeyemo is confident they will eventually join the more than 30 states imposing the measures. Those countries will realize the economic benefits of doing business with nations in the “sanctions coalition” outweighs the value of doing business with Russia, Adeyemo said.

Taiwan Semiconductor Manufacturing Company believes it’s well-insulated from any disruption in the supply of raw materials due to the war in Ukraine, CEO C.C. Wei said on a Q1 earnings call April 14. TSMC, the world’s largest wafer foundry, “operates a well-established enterprise risk management system to identify and access all relevant risk and proactively implement risk mitigation strategies,” he said. “In terms of material supply, TSMC’s strategy is to continuously develop multi-source supply solutions to build a well-diversified global supplier base and to improve the local supply chain.” For specialty chemicals and gases, including neon -- available in large volumes from Ukraine before the Russian invasion -- “we source from multiple suppliers in different regions, and we have prepared a certain level of inventory stock on hand,” Wei said. “We are also working closely with our suppliers to further strengthen the resilience and the sustainability of our supply chain. Thus, we do not expect any impact on our operations from materials supply.”

The Bureau of Industry and Security needs to “answer to Congress immediately” if U.S. software company Synopsys was able to illegally export semiconductor design software to blacklisted Chinese companies, Rep. Michael McCaul, R-Texas, said. McCaul -- referencing a report this week that said BIS is investigating Synopsys for potentially transferring technology to China’s HiSilicon and Semiconductor Manufacturing International Corporation (see 2204140057) -- said the agency needs to do a better job of preventing illegal exports on the front end.

The Commerce Department is investigating U.S. software company Synopsys for possibly violating U.S. export controls against China, Bloomberg reported April 13. Commerce is looking into whether Synopsys, the world’s leading supplier of semiconductor design software, worked with Chinese affiliates to provide chip designs and software to Huawei Technologies’ HiSilicon unit for manufacture at Semiconductor Manufacturing International Corporation, the report said. Both companies are subject to Entity List licensing restrictions.