The Bureau of Industry and Security this week added 32 parties to its Unverified List after it was unable to verify their “legitimacy and reliability” for receiving export-controlled items. The additions include 14 entries in China, five in the United Arab Emirates, four in Turkey, two in Germany and one each in Bulgaria, Canada, Indonesia, Israel, Malaysia, Saudi Arabia and Singapore.
Unverified List Updates
The Biden administration should be doing more to harmonize its export controls and sanctions lists to more effectively penalize foreign companies that should be subject to strict trade restrictions, lawmakers said this week. Several Republicans suggested they plan to pursue legislation to mandate that the Bureau of Industry and Security’s Entity List be aligned with sanctions lists maintained by the Treasury Department, and at least one lawmaker said BIS should already have taken steps to formally do so.
The Commerce Department published its fall 2022 regulatory agenda for the Bureau of Industry and Security, including one new rule that will finalize new chip export controls against China and others that could revise chemical weapons reporting requirements, the Export Administration Regulations and the Entity List.
China “welcomes” the Commerce Department’s decision last week to remove 25 Chinese companies from the Unverified List but criticized the agency’s decision to add other firms to the Entity List, calling the move “economic bullying.” In a Dec. 16 statement, China’s Ministry of Commerce said the U.S. “has ignored the fact that Chinese and American companies conduct normal commercial transactions and trade exchanges, ignored the strong voices of Chinese and American industries, generalized the concept of national security” and “abused export control and other measures,” according to an unofficial translation of the statement.
The Bureau of Industry and Security added a host of Chinese and Russian entities to the Entity List, including top Chinese chipmaker Yangtze Memory Technologies Co. and leading Chinese artificial intelligence firms, the agency said in a pair of notices released Dec. 15. The new restrictions on the Chinese firms are aimed at “severely restricting” China’s ability to leverage AI, advanced computing and other commercial technologies for its military or human rights abuses, BIS Undersecretary Alan Estevez said. The agency added the Russian entities to the list after it was unable to complete end-use checks. The changes took effect Dec. 16.
The Commerce Department’s Bureau of Industry and Security is preparing to add China’s Yangtze Memory Technologies Co. and 35 other Chinese companies to its Entity List as early as this week, Bloomberg reported Dec. 13. YMTC and other companies have been at risk of being added to the Entity List since being placed on the BIS Unverified List in October. Under a new policy, BIS can transfer entities from the UVL to the more restrictive Entity List if they don’t cooperate with a U.S. end-use check within 60 days (see 2210070006). A BIS spokesperson didn’t comment.
The Bureau of Industry and Security will add a host of Chinese and Russian entities to the Entity List, including top Chinese chipmaker Yangtze Memory Technologies Co., the agency said in a pair of notices released Dec. 15.
China has been more receptive to U.S. end-use checks on Chinese entities as a result of a Commerce Department policy change from October, Bureau of Industry and Security Undersecretary Alan Estevez said this week. Estevez also said he doesn’t expect any significant revisions to BIS’s most recent chip restrictions on China, and warned that a Chinese invasion of Taiwan would spark new, strict U.S. export controls that would cause U.S. companies to lose “billions” of dollars in Chinese business.
Semiconductor companies are still awaiting licensing decisions on their chip-related activities involving China under the U.S.’s new export controls, with some concerned that licenses awarded to their competitors could hurt their revenue. In earnings calls and filings with the Securities and Exchange Commission this month, U.S. chip and technology companies said they continue to prepare for drops in sales to China and that they fear Chinese customers may soon replace them with alternative suppliers, causing some U.S. companies to permanently lose their market share in China.
The Bureau of Industry and Security is seeking public comments on an information collection involving the procedure for entities on the Unverified List or Entity List to request removal or “modification” of their placement on either list. Public comments on the collection are due Jan. 24.