The Bureau of Industry and Security on April 19 fined Seagate Technology $300 million for violating U.S. export controls against Huawei in what it said is the “largest standalone administrative penalty in BIS history.” The agency said the California-based company and its branch in Singapore sold more than 7 million export-controlled hard disk drives to Huawei in violation of the BIS foreign direct product rule.
DOJ this week announced a $365,000 settlement with General Motors over claims that the car maker -- in an attempt to comply with U.S. export control laws -- discriminated against non-U.S. citizens in violation of the Immigration and Nationality Act. The agency also released a fact sheet to help employers avoid citizenship status discrimination when seeking to comply with export control laws.
The Bureau of Industry and Security issued a new set of policy "clarifications" this week that it hopes will increase the number of voluntary self-disclosures (VSDs) it receives for serious export violations. One clarification says the agency could increase penalties on companies that fail to disclose a “significant” potential violation, while another clarification could reward companies that tip off BIS about their competitors’ wrongdoings.
The U.S. this week warned ship owners and service providers of new “deceptive practices” being used by Russia to evade the oil price cap, particularly for oil exported through the Eastern Siberia Pacific Ocean (ESPO) pipeline and ports on the eastern coast of Russia. Shippers, traders and others should watch for several red flags to avoid helping Russia evade the cap, the Office of Foreign Assets Control said in an April 17 alert.
China has become a “world leader” in space and missile technologies despite “far-reaching” U.S. export controls, said Kevin Pollpeter, a senior research scientist at the Center for Naval Analysis. Pollpeter, speaking during a U.S.-China Economic and Security Review Commission hearing last week, said China’s space and missile programs are “not only closing the gap with the United States, but are also increasingly innovative.” He noted that the director of national intelligence recently warned that China could reach “world-class status” in most space technology areas by 2030.
The U.S. needs to pour more funding and resources into the Bureau of Industry and Security to allow it to better address China-related national security risks, said Gregory Allen, a technology policy expert with the Center for Strategic and International Studies and a former Defense Department official. Although BIS is charged with implementing some of the U.S.’s most sensitive trade restrictions, its export control functions have “had a flat budget for the better part of a decade,” Allen said during a U.S.-China Economic and Security Review Commission hearing last week. “It has been profoundly neglected” and subject to an “appalling mismanagement of resources.”
The Bureau of Industry and Security should reform its Entity List process and its licensing procedures to more effectively prevent China from acquiring sensitive U.S. technologies, said Cordell Hull, former acting BIS undersecretary. Hull also suggested that BIS increase its penalties for export violations, and said he isn’t convinced creating a new multilateral export control regime is the best way to counter China.
The U.S. should create an outbound investment screening regime that focuses on capturing “smart money” investments in critical technology industries in China, said Emily Kilcrease, a senior fellow with the Center for a New American Security and former National Security Council official. Smart money investments would include those that are “accompanied by managerial expertise or other intangible benefits” that could advance China’s “indigenous technology capabilities,” she said.
Public U.S. companies should update their China-related risk disclosures to factor in a range of potential trade restrictions on the horizon, including possible U.S. sanctions against Beijing for aiding Russia and new outbound investment restrictions, said Carl Valenstein, a trade lawyer with Morgan Lewis.
The EPA should exempt certain export activities from new proposed reporting requirements under a significant new use rule for per- and poly-fluoroalkyl substances (PFAS), U.S. trade groups told the agency in recent comments. If EPA doesn’t exempt those activities, the proposed rule could disrupt chemical supply chains and other sectors that use PFAS, including the energy, instrument and machinery manufacturing industries, the groups said.