The chair of the House Financial Services Committee is asking the Treasury Department for more information about potential outbound investment restrictions in China, including what types of investments in specific technologies would be targeted, whether the Biden administration plans to establish the regime through a national emergency and if the restrictions would be more effective than traditional trade restrictions. Rep. Patrick McHenry, R-N.C., is concerned outbound investment restrictions “would prove futile,” the lawmaker’s news release said, and would “further serve” China’s goal of “limiting the influence of Western firms in Chinese markets.”
Exports to China
The Bureau of Industry and Security has had “more than enough time” to issue a final version of its October China chip export controls, which need to be “strengthened” and “vigorously enforced” to maintain American semiconductor leadership, Sen. Marco Rubio, R-Fla., said in a May 30 letter to Commerce Secretary Gina Raimondo. Rubio asked the agency when it plans to issue the final rule, what changes will be made, whether BIS had “delayed” finalizing the rule and more.
The U.S. should convince the U.N. to harmonize its sanctions lists with U.S. trade blacklists, a House Financial Services subcommittee heard during a hearing last week. Aligning the lists could require the World Bank and other international organizations to adhere to U.S. sanctions, one witness said, and help the U.S. extend the reach of its restrictions against China.
U.S. exports of semiconductors to China fell by about $2.9 billion in 2022, “wiping out” growth the industry saw the year before, the U.S.-China Business Council said in a report this week. The decline was partly due to the Biden administration’s sweeping chip controls released in October (see 2210070049), the report said, adding that the “more frequent use of export controls over the last few years has led Chinese customers to deprioritize American products when there are viable domestic and third-country suppliers.”
The Commerce Department should amend several portions of its proposed guardrails on recipients of Chips Act funding, including measures that could prevent the U.S. chip industry from participating in international standards bodies or inhibit “routine” business activities, trade groups and technology companies said in comments released this week. Some said Commerce should also limit which companies qualify as “foreign entities of concern” and revise the rule’s proposed definition for “legacy semiconductor” to more closely align with export controls.
The State Department needs to answer for media reports that it “held back” human rights sanctions and export controls on China following the U.S. discovery of a Chinese reconnaissance balloon in American airspace earlier this year (see 2302100072), said Rep. Michael McCaul of Texas. McCaul, the top Republican on the House Foreign Affairs Committee, cited a recent Reuters report that said the State Department was trying to “limit damage to the U.S.-China relationship” and pushed back on new trade restrictions.
The Chinese Ministry of Commerce said Japan's export control measures on 23 types of semiconductor manufacturing technology are an abuse of export control measures and departure from international trade rules, according to an unofficial translation. The ministry on May 23 urged Japan to immediately drop the controls, which it says are hindering the normal development of each country's semiconductor industry. Japan imposed the restrictions in late March, aligning with elements of U.S. restrictions on China (see 2303310031). The controls cover six categories of equipment used in chip manufacturing, including cleaning, deposition, lithography and etching.
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China this week banned certain Chinese companies from purchasing products from U.S. semiconductor company Micron, saying they are a national security risk and shouldn’t be used in “critical information infrastructure” projects. The country’s cyberspace regulator said its infrastructure operators “should stop purchasing Micron products” after a Chinese government review found they have “relatively serious potential network security issues, which pose a major security risk” to China, according to an unofficial translation of a May 21 notice. “The purpose of this network security review of Micron's products is to prevent product network security issues from endangering the security of the country's key information infrastructure, which is a necessary measure to maintain national security.”
The leaders of the House Foreign Affairs Subcommittee on the Indo-Pacific are trying to pass legislation to give the president the ability to respond to economic coercion of allies, but Chair Young Kim, R-Calif., asked witnesses at a subcommittee hearing she convened to advise what else could be done to stand up to China's economic aggression.