US Lawmakers Urge White House to Strengthen China Chip Regulations theepochtimes.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from theepochtimes.com Daily Mail and Mail on Sunday newspapers.
In response to a U.S. government consensus that trade with China involves grave national security risks, the Trump Administration promulgated a broad series of China-directed export controls, economic sanctions and import rules. The flow of trade measures became a torrent in the Trump Administration’s final months. This alert briefly surveys key new trade controls from late in the Trump Administration and Chinese policy responses that the Biden Administration inherits.
It is not clear that the Biden Administration will prioritize a more regularized trading relationship with China. As it moves toward a more traditional governance, the Biden Administration may seek to develop an overall strategic policy toward China before undertaking piecemeal changes. When coupled with strong congressional support for tough measures on China, major modifications in U.S. treatment of China would not appear likely in the near term.
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The United States continues to tighten controls on the People’s Republic of China. In this article we address three regulatory changes that highlight the need for enhanced due diligence when dealing with China: 1) restrictions on recent additions to the Entity List; 2) controls on military end-uses and military end-users; and 3) elimination of Hong Kong as a separate destination under the Export Administration Regulations (EAR).
Entity List
On December 22, 2020, the Bureau of Industry and Security (BIS) added 59 Chinese entities to the Entity List, thereby expanding the licensing requirements on export transactions with these entities. See Notice at 85 Fed. Reg. 83416. The additions to the Entity List are the result of the collective determination by the Departments of Commerce, State, Defense, Energy, and where appropriate, the Treasury (collectively, the “End-User Review Committee”) that these entities are engagi
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As 2020 comes to a close, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) continues to implement new measures targeting countries of interest, among them Russia and China (which now, for export purposes, officially includes Hong Kong). Because these measures are effective now, companies will need to ensure that they have in place procedures to ensure compliance with these measures, including compliance with licensing and reporting requirements.
On December 22, 2020, BIS published a final rule adding 77 entities to the Entity List as a result of their having been determined by the U.S. government to have been engaging in or enabling activities contrary to U.S. national security and foreign policy interests. The changes took effect December 18, 2020. Among the entities added to the Entity List pursuant to the rule is Semiconductor Manufacturing International Corporation Incorporated (SMIC)