Three U.S. citizens and Quadrant Magnetics were charged with wire fraud, violating the Arms Export Control Act and smuggling goods relating to their participation in an illegal scheme to ship export-controlled defense-related technical data to China, DOJ announced. They also allegedly supplied DOD with Chinese-origin rare earth magnets for aviation systems and military items, DOJ said.
Exports to China
The new U.S. chip controls against China (see 2210070049 and 2211010042) mark a “major escalation” in the U.S.-China technology war and will likely have a significant effect on China’s technology capabilities, Bank of America said this week. The bank also warned that the controls, which are “more comprehensive and stricter than what we have seen in the past,” could ultimately open the “door to more sweeping restrictions in other domains like leading edge manufacturing.”
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The Bureau of Industry and Security should avoid placing export controls on automated peptide synthesizers, U.S. companies said, arguing that the restrictions would hurt U.S. technological leadership and wouldn't do much to limit the proliferation of biological weapons. A Chinese national academy also opposed the controls, saying they could stifle global research and innovation.
U.S. semiconductor company Nvidia is offering a new advanced chip to Chinese customers that complies with the Commerce Department’s new export restrictions (see 2210070049), a company spokesperson said Nov. 8. The person said Nvidia's new A800 chip, which recently went into production, is designed to meet U.S. licensing requirements. "The NVIDIA A800 GPU, which went into production in Q3, is another alternative product to the NVIDIA A100 GPU for customers in China," the spokesperson said in a Nov. 8 email. "The A800 meets the U.S. Government’s clear test for reduced export control and cannot be programmed to exceed it." The spokesperson declined to say if Nvidia had confirmed with Commerce whether the chip complies with U.S. export regulations. Reuters first reported the new chip.
A U.S. hardware supplier said it may have violated U.S. export controls by selling to a Chinese foundry on the Entity List. MaxLinear, which sells highly integrated radio-frequency analog and mixed-signal semiconductor products, disclosed it submitted an "initial notification" of voluntary self-disclosure to the Bureau of Industry and Security in October and its sale may have violated the Export Administration Regulations because it never obtained a license.
As U.S. chip and technology companies continue to grapple with the U.S’s latest export restrictions on China (see 2211010042), a number of firms fear the controls will hurt their sales and exacerbate uncertainty in the semiconductor sector and the industry’s supply chains. In filings with the Securities & Exchange Commission this month, at least one firm projected revenue losses while others said they are still assessing the impact of the complex controls and whether they can secure export licenses.
The semiconductor industry was disappointed the new U.S. export control rules involving China weren’t imposed multilaterally and were frustrated by the Commerce Department’s lack of engagement before the rules were announced, a chip industry executive said. Semiconductor companies also have received mixed messages from Commerce about how long it could take to convince allies to impose similar controls, a China technology expert said, and fear that China could retaliate before allies are brought on board.
Chinese technology companies are “scrambling” to hire engineers from foreign companies that are closing their business in China due to new U.S. export controls (see 2210070049), Nikkei reported Nov. 4. The report said Huawei, Alibaba and other chip developers issued job postings after they learned U.S. chipmaker Marvell planned to lay off hundreds of workers in China. Some Chinese companies are offering to pay a higher-than-expected salary for these workers because “chip talent has never been in more demand and competition for hiring is intense,” a Chengdu-based recruiter told Nikkei.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.