The U.S. will probably increase its use of sanctions and export controls no matter who wins the upcoming presidential election, although a Donald Trump-led administration would be more likely to pursue drastic measures that could accelerate U.S.-China decoupling, said Martin Chorzempa, a senior fellow with the Peterson Institute for International Economics. Those measures include expanding the use of the Bureau of Industry and Security’s foreign direct product rule or placing blocking sanctions on major Chinese companies such as Huawei.
The Bureau of Industry and Security this week added eight companies to its Unverified List after it was unable to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports. It also removed two companies from the list after BIS said it was able to successfully conduct end-use checks.
The Bureau of Industry and Security will add eight companies in China, Germany, Pakistan and Turkey to its Unverified List, it said in a final rule released Oct. 15 and effective Oct. 16. It will also remove one company in China and one in Saudi Arabia. All export license exceptions involving the parties added to the list will be suspended, and exporters must file certain Electronic Export Information and obtain a statement from any party listed on the UVL before proceeding with certain exports.
New export compliance guidance issued by the Bureau of Industry and Security outlines the agency’s due diligence expectations for financial institutions and warns that companies that “self-blind” to red flags could face penalties.
The Bureau of Industry and Security is expanding its Validated End User program to include a new export authorization for data centers, which could allow certain preapproved data facilities to more quickly obtain advanced semiconductors and other U.S.-controlled items with artificial intelligence uses.
The Bureau of Industry and Security has reviewed more than 1,250 suspicious activity reports (SARs) submitted to the government as part of an effort with the Treasury Department to collect more tips from industry about possible Russia-related sanctions or export control violations, said Matthew Axelrod, the top BIS export enforcement official.
China is investigating American clothing company PVH Group, which owns Calvin Klein, Tommy Hilfiger and other major fashion retailers, for possible inclusion on its so-called unreliable entity list, China's Ministry of Commerce announced Sept. 24, according to an unofficial translation. China said PVH is suspected of violating “normal market trading principles” for products related to the country’s Xinjiang region, along with the “interruption of normal transactions with Chinese companies, other organizations or individuals, and adoption of discriminatory measures.”
Congress should strengthen the “guardrails” around federally funded research collaboration between American universities and Chinese defense-linked universities to ensure China does not obtain technology to improve its military or commit human rights abuses, two House committees said in a new report this week.
While a possible Kamala Harris administration would likely continue the current Biden administration’s approach of streamlining various denied-party lists through measured, phased-in updates, a Donald Trump-run government would probably pursue a “blunter approach” and spend less time on evaluating industry impact before putting in place sweeping new sanctions, the Rhodium Group said in a report last month. Although the report examines a hypothetical situation in which the U.S. adds companies from the Commerce Department’s Entity List to the Treasury Department’s sanctions list, it called that a “bazooka option” and said more likely scenarios include expanding the scope of the Treasury Department’s list of Chinese military companies subject to certain investment restrictions.
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