China officially requested dispute consultations with the U.S. at the World Trade Organization Dec. 15 over American export controls on certain semiconductors, the WTO announced. China, which announced the move earlier in the week (see 2212120061), said the restrictions violate Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT), Article XXII of the General Agreement on Trade in Services, Article 8 of the Agreement on Trade-Related Investment Measures and Article 64.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights.
The Bureau of Industry and Security added a host of Chinese and Russian entities to the Entity List, including top Chinese chipmaker Yangtze Memory Technologies Co. and leading Chinese artificial intelligence firms, the agency said in a pair of notices released Dec. 15. The new restrictions on the Chinese firms are aimed at “severely restricting” China’s ability to leverage AI, advanced computing and other commercial technologies for its military or human rights abuses, BIS Undersecretary Alan Estevez said. The agency added the Russian entities to the list after it was unable to complete end-use checks. The changes took effect Dec. 16.
The Bureau of Industry and Security should have given its technical advisory committees more time to review its new chip controls before they were published in October (see 2210070049), which would have helped BIS mitigate unintended consequences for a dense and complex set of restrictions, a chip industry official and an advisory committee member said this week. The semiconductor industry also wished BIS had first proposed some of the restrictions for public comment before making them final, the official said, or delayed the effective date to give companies more time to decipher the rules, especially surrounding the new U.S.-persons restrictions.
The Bureau of Industry and Security isn’t preparing any “imminent” emerging technology export controls on artificial intelligence items, Hillary Hess, the agency’s regulatory policy director, said during a technical advisory committee meeting this week. She also denied an industry rumor the U.S. is preparing to issue a set of sweeping, advanced AI controls, similar to the semiconductor restrictions against China that were released in October.
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The Bureau of Industry and Security issued a 180-day temporary denial order this week against three people and two companies for illegally sending controlled exports to Russia as part of a Moscow-led sanctions evasion scheme. Along with the denial order, DOJ indicted the three people, along with others, on charges related to the illegal exports, including money laundering, wire fraud, bank fraud and conspiring to defraud the U.S.
The U.S. on Dec. 13 confirmed it has received a request from China for consultations at the World Trade Organization over U.S. semiconductor export controls (see 2212120061) and said it opposes China’s move. “As we have already communicated to the [People’s Republic of China], these targeted actions relate to national security, and the WTO is not the appropriate forum to discuss issues related to national security,” Adam Hodge, spokesperson for the Office of the U.S. Trade Representative, said in an emailed statement.
Japan and the Netherlands have “agreed in principle” to join the U.S. in imposing certain new semiconductor export controls on China (see 2212080012), Bloomberg reported Dec. 12. The agreement, which will likely be announced in the “coming weeks,” will see Japan and the Netherlands “adopt at least some” of the restrictions announced by the Bureau of Industry and Security in October (see 2210070049), the report said. The two countries are planning to restrict exports of “machinery capable of fabricating 14-nanometer or more advanced chips to China,” the report said. A BIS spokesperson pointed to Undersecretary Alan Estevez's comments last week, when he said he remains confident U.S. allies will impose similar export restrictions against China (see 2212060059).
China took to the World Trade Organization Dec. 12 to challenge U.S. export control measures on semiconductor chips and other products, an official at China's Ministry of Commerce said, according to an unofficial translation. China referred the export restrictions to the trade body's dispute settlement mechanism, claiming the U.S. has been "generalizing the concept of national security."
A deal between the U.S. and the Netherlands on new export controls for chipmaking equipment destined for China could come as soon as next month, Bloomberg reported Dec. 7. The U.S. has been working to convince the Dutch to impose similar semiconductor export controls and restrict the ability of Netherlands-based ASML to provide certain advanced equipment to China (see 2211210035). The report said it remains unclear what the potential U.S.-Dutch agreement would mean for ASML’s China sales. Bureau of Industry and Security Undersecretary Alan Estevez said Dec. 7 that he remains confident the U.S. will convince allies to impose harsher restrictions against China, and said he respects the Netherlands’ desire to shape its own export control policies (see 2212060059).