Members of Congress need to be mindful of what their proposals to regulate outbound investment might mean for U.S. businesses, one of the experts on a Washington International Trade Association webinar cautioned.
Exports to China
China denounced recent U.S. enforcement actions by the Disruptive Technology Strike Force against various Chinese and Russian individuals for allegedly violating sanctions by conspiring to export technology, trade secrets and aircraft parts 2305160047). A spokesperson for the Ministry of Foreign Affairs said May 17 the U.S. "has kept stretching the national security concept to abuse export control regimes and its leading technological advantage," according to a transcript in English of the regular press conference the spokesperson holds with media in Beijing. The spokesperson urged the U.S. to stop suppressing China in the field of technology and using judicial power to target Chinese researchers, adding "China will do what is necessary to firmly safeguard the lawful rights and interests of Chinese citizens."
The U.S. should avoid placing export controls on cloud computing services to try to prevent Chinese companies from using a loophole that allows them to access controlled semiconductors, researchers said. Georgetown’s Center for Security and Emerging Technology and the Center for a New American Security explored this strategy in a new report released this week but said export controls don't “appear feasible and may have adverse consequences.”
A series of export control indictments announced this week, including several for illegal shipments to China and Russia, only scratched the surface of prosecutions expected to be brought as part of the new Disruptive Technology Strike Force, said Matthew Axelrod, the Bureau of Industry and Security's top export enforcement official. “It’s just the beginning,” Axelrod said during a May 17 law conference hosted by the American Bar Association, Mayer Brown and American University. “I think you can expect to continue to see actions come out from the strike force as this work continues.”
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DOJ this week unsealed indictments of six people for trying to illegally ship sensitive items from the U.S., including shipments of dual-use technologies and aircraft parts to Russia, isostatic graphite to Iran and trade secrets to China. The charges are the first enforcement actions brought by the Disruptive Technology Strike Force, a group launched by DOJ and the Commerce Department in February to investigate and prosecute criminal export violations (see 2302160019).
The U.S. should deploy “targeted and responsible” trade measures to restrict Chinese access to sensitive technologies, not ones that cut off a broad range of transactions between American and Chinese firms, U.S. Chamber of Commerce CEO Suzanne Clark said during an industry conference this week.
The chairman of the powerful House Rules Committee used his perch to promote a bill he sponsored that would allow the president to lower duties on non-import-sensitive goods made by a country that lost exports due to coercive actions; increase duties on imports from the "foreign adversary" committing the coercion; and allow the U.S. to more easily facilitate trade, including exports, with the coerced parties (see 2302230021).
A former Pentagon official expected to testify before Congress May 11 said U.S. officials for years have “refused” to fix failures in its export control system that allow China to acquire sensitive technologies. Stephen Coonen, who spent nearly 14 years in the Defense Technology Security Administration, including as its senior foreign affairs adviser for China, said he resigned from the agency in 2021 to protest the Bureau of Industry and Security’s “willful blindness” surrounding its export policies.
Although the U.S. continues to impose new sanctions and export controls against Russia, the Commerce Department’s $300 million penalty assigned to Seagate Technologies last month signals that the U.S. is increasingly prioritizing enforcement, particularly against China, law firms said this month. They also said the fine shows that Commerce is looking to strictly enforce its foreign direct product rule restrictions, even for violations of the rule that may not be obvious.