Chinese government efforts to obscure which firms have public links to the country’s military are making due diligence more complicated, but compliance officers can use several strategies to overcome those challenges, said Colby Potter, a former intelligence official with the State Department.
Chinese national Lin Chen pleaded guilty last week for his role in a conspiracy to illegally export controlled U.S. technology to Chinese end users, including for a company on the Commerce Department’s Entity List (see 2404260019). As part of a plea agreement, Chen pleaded guilty to causing an unlawful export in violation of the International Emergency Economic Powers Act. His sentencing hearing is scheduled for Jan. 28, when he faces a maximum statutory penalty of up to 20 years in prison and a $1 million fine.
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New export controls over U.S. persons’ support for certain foreign military, intelligence and security services activities would place too much strain on both the government and industry compliance departments, disadvantage American exporters compared with their foreign competitors, and may provide no clear benefit to U.S. national security, companies and trade groups told the Bureau of Industry and Security.
Chinese drone-maker DJI Technology Co. is challenging the Pentagon's designation of the firm as a Chinese military company, saying the agency applied the "wrong legal standard," mixed up individuals "with common Chinese names" and relied on "stale alleged facts and attenuated connections that fall short of demonstrating" the company is connected to the Chinese military (SZ DJI Technology Co. v. U.S., D.D.C. # 24-02970).
The Bureau of Industry and Security will add 26 companies and people to the Entity List after the agency said they violated U.S. export controls -- including by supplying sensitive items to China, Iran, Pakistan or Russia -- or failed to comply with U.S. end-use checks.
The Bureau of Industry and Security will soon remove Sandvine Inc., a Canada-headquartered technology software company, from the Entity List after BIS said it took “significant steps” to improve its compliance controls and stop its technology from being used for human rights breaches.
The Bureau of Industry and Security on Oct. 23 will add 26 companies and people to the Entity List for trying to buy controlled U.S. items for China’s military, evade sanctions against Russia, supply sensitive goods to Iran or Pakistan, or for evading U.S. end-use checks, the agency said in a final rule released Oct. 21. BIS will also remove two entities from the list and update the address information for another entity.
China’s Ministry of Commerce issued a set of broad frequently asked questions Oct. 16 on its Unreliable Entity List, including how Beijing decides to add entities to the list, how companies may be removed and the penalties for listed companies. The ministry said it may impose fines “of a corresponding amount according to the severity of the circumstances” against companies added to the list, according to an unofficial translation.
The leaders of the House Select Committee on China urged the Commerce Department Oct. 16 to restrict exports of U.S.-made semiconductor manufacturing equipment (SME) to Huawei's “clandestine network” of companies.