The top Republican on the House Foreign Affairs Committee is asking the Commerce Department to provide its licensing data and communications with chip companies, along with a broad swathe of related information, to make sure the agency is implementing its new China controls “fairly across all market players.”
The Bureau of Industry and Security will likely add more entities involved in China’s supercomputing and semiconductor manufacturing industry to the Entity List, said Thea Kendler, BIS’s assistant secretary for export administration. “We view advanced chip manufacturing and supercomputer activities in China as a national security concern,” Kendler said during a Nov. 2 Information Systems Technical Advisory Committee meeting. “So I expect that there will be Entity List additions.”
Akerman LLP added two partners to its ranks, with Matthew Goldstein joining the Washington, D.C.-based Government Affairs and Public Policy practice, and Andrew Dominguez joining the International Litigation and Arbitration practice in Miami, the firm announced.
A Republican-backed bill introduced in the House could lead to the transfer of export control authorities from the Commerce Department to the Defense Department. The bill, introduced Oct. 28 by Reps. Jim Banks, R-Ind., Rob Wittman, R-Va., and Greg Steube, R-Fla., includes language critical of the Bureau of Industry and Security, saying the agency has made “little progress” in controlling emerging and foundational technologies under the Export Control Reform Act and that BIS’s export control authorities should be revoked.
Japan has begun “internal discussions” on whether it should join the U.S. in imposing export controls on advanced semiconductors and other technologies destined to China, Nikkei reported Nov. 1. Officials in Tokyo are “weighing which restrictions can be adopted in Japan, and will watch how other U.S. allies such as the European Union and South Korea respond,” the report said. Bureau of Industry and Security Undersecretary Alan Estevez recently said he’s confident U.S. allies will eventually impose similar controls (see 2210270047), which set sweeping new license restrictions to limit China’s ability to acquire advanced computing chips and manufacture advanced semiconductors (see 2210070049).
Nearly a month after the U.S. announced new export controls on advanced computing and semiconductor equipment destined to China, lawyers and companies are still grappling with what they say is a complex set of regulations and are awaiting clearer government guidance on how and whether their activities are covered. The dense regulations, along with lengthy response times from the Bureau of Industry and Security, have caused firms to delay decisions on shipments until they can better understand their risks and BIS’s due diligence requirements, trade attorneys and industry officials said in recent interviews.
The Bureau of Industry and Security recently posted a written version of its Oct. 13 live briefing on its new China-related export controls (see 2210130009 and 2210070049). The document includes BIS's rationale for imposing the new restrictions, an overview of what the license requirements cover and some "general" questions and answers.
The Bureau of Industry and Security published its first set of frequently asked questions on its new China-related export controls (see 2210070049), covering the definition of semiconductor “facility” and offering guidance on certain U.S. persons requirements, license review policies and more.
The Bureau of Industry and Security is confident it will soon convince allies to adopt similar semiconductor export controls on China, Undersecretary Alan Estevez said, adding that he expects some type of “multilateral deal” finalized in the “near term.” Estevez, speaking during an Oct. 27 event hosted by the Center for a New American Security, also said BIS isn’t “done” imposing chip-related controls and said companies should expect new restrictions on emerging technologies, including on biotechnologies, artificial intelligence software and items in the quantum sector.
Samsung and SK Hynix view their one-year waiver from certain U.S. export license requirements (see 2210070049) as a deadline and have begun exploring a “Plan B” if they can’t produce certain chips in China, Nikkei reported Oct. 25. After the South Korean chipmakers received a Bureau of Industry and Security waiver to continue using controlled semiconductor equipment in China (see 2210120002), they also “started a campaign to assess the business risks of their operations in China, as well as to plan for different scenarios,” the report said. "Who knows what will come after one year? It might or might not be extended," a person familiar with Samsung’s situation told Nikkei. "The license can be [denied] so that the company could face a case-by-case review." SK Hynix also told Nikkei it’s unsure what will happen after the one-year period ends.