The Bureau of Industry and Security suspended the export privileges of three people this week, including one person who tried to ship controlled items to an entity on the Entity List.
The U.S., the EU and others can take steps to improve how they administer export controls, deliver guidance to industry and more efficiently target dangerous end users, experts said this week. One expert specifically called on the U.S. to revise the Entity List, which should better isolate the worst export control offenders.
The Bureau of Industry and Security this week suspended the export privileges of two Canadian residents after they tried to ship controlled goods without the required licenses.
New U.S. export restrictions on six Chinese cities with ties to China’s balloon surveillance program is a “step in the right direction,” but it should have come much sooner, Rep. Michael McCaul, R-Texas, said. “It shouldn’t have taken a flagrant violation of American territorial sovereignty for BIS to take these measures to prevent [the Chinese Communist Party] from using U.S. technology to compromise our national security,” McCaul, who chairs the House Foreign Affairs Committee, said last week in a news release.
The Bureau of Industry and Security added six Chinese entities to the Entity List last week because of their ties to China’s “High Altitude Balloons'' intelligence and reconnaissance activities. BIS said the aerospace and technology entities support China’s military modernization efforts, particularly the People's Liberation Army’s aerospace programs, including “airships and balloons and related materials and components.” The move came days after the U.S. shot down a Chinese surveillance balloon in U.S. airspace.
Last year was a “historically busy” period for new trade controls, and that pace “shows few signs of slowing” this year, Gibson Dunn said in a 2022 export control and sanctions recap released this week. The recap provides an overview of last year’s raft of new sanctions and export controls against Russia, China, Iran and others; the Bureau of Industry and Security’s new administrative enforcement policies (see 2206300069 and 2205230018); the State Department’s new compliance program guidelines (see 2212060015 and 2212210049); Committee on Foreign Investment in the U.S. actions; trade restrictions imposed by the EU and U.K.; and more.
The Bureau of Industry and Security added six Chinese entities to the Entity List because of their ties to China’s “High Altitude Balloons'' reconnaissance activities. The move comes days after the U.S. shot down a Chinese surveillance balloon in U.S. airspace. The aerospace and technology entities require a license for all items subject to the Export Administration Regulations, and BIS will review license applications under a presumption of denial. The additions take effect Feb. 10.
The Biden administration’s implementation of its new China chip export controls (see 2210070049) has been “mixed,” and it remains unclear how far allies will go to impose similar restrictions, said Clete Willems, who was a National Security Council official during the Trump administration. Willems, in written testimony this week to the House Financial Services Committee, said he doesn’t understand why the administration didn’t initially coordinate the October export control rule with allies, a shortcoming that could be hurting U.S. companies now.
The U.S. and its allies should establish a new multilateral export control system to prevent sensitive technologies from being sent to dangerous end-users, including those in China, said Rich Ashooh, a former senior U.S. export control official. Ashooh applauded American efforts so far and said it shouldn’t abandon the existing multilateral control regimes, but he said a more formal system is needed.
Jeannette Chu, a former Bureau of Industry and Security official, joined the National Foreign Trade Council as vice president for national security policy, the NFTC announced Feb. 6. Chu will lead a new effort by the NFTC on national security and global competitiveness by serving as the council’s “lead strategist, expert and advocate on policies surrounding export controls, sanctions, investment screening, critical infrastructure” and more. Chu previously served as a senior policy adviser at BIS and as the senior export control attache at the U.S. embassy in Beijing. She was most recently senior managing director and head of the export controls and trade sanctions team at PricewaterhouseCoopers.