U.S. Cracks Down on Chinese Companies for Security Concerns
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The Biden administration placed severe restrictions
on trade with dozens of Chinese entities, its latest step in a campaign to curtail
access to technology with military applications.
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Biden administration on Thursday stepped
up its efforts to impede China’s development of advanced semiconductors, restricting
another 36 companies and organizations from getting access to American technology.
·
US also placed strict limits on technology
exports to Russia in response to Moscow’s invasion of Ukraine.
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Notable companies added to the list is Yangtze
Memory Technologies Corporation
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Congress passed a military bill including
a provision that will prevent the U.S. government from purchasing or using semiconductors
made by Y.M.T.C. and two other Chinese chip makers, Semiconductor Manufacturing
International Corporation and ChangXin Memory Technologies
·
Congress passed a law in 2020 that would
have required Chinese companies to delist from U.S. stock exchanges if U.S. regulators
were not able to inspect their audit reports for three consecutive years.
The Biden administration
on Thursday stepped up its efforts to impede China’s development of advanced semiconductors,
restricting another 36 companies and organizations from getting access to American
technology.
The action, announced
by the Commerce Department, is the latest step in the administration’s campaign
to clamp down on China’s access to technologies that could be used for military
purposes and underscored how limiting the flow of technology to global rivals has
become a prominent element of United States foreign policy.
Administration officials
say that China has increasingly blurred the lines between its military and civilian
industries, prompting the United States to place restrictions on doing business
with Chinese companies that may feed into Beijing’s military ambitions at a time
of heightened geopolitical tensions, especially over Taiwan.
In October, the administration
announced sweeping limits on semiconductor
exports to China, both from companies within the United States and in other countries
that use American technology to make those products. US also placed strict limits
on technology exports to Russia in response to Moscow’s invasion of Ukraine.
“Today we are building
on the actions we took in October to protect U.S. national security by severely
restricting the PRC’s ability to leverage artificial intelligence, advanced computing,
and other powerful, commercially available technologies for military modernization
and human rights abuses,” Alan Estevez, the under secretary
of commerce for industry and security, said in a statement, referring to the People’s
Republic of China.
Among the most notable
companies added to the list is Yangtze Memory Technologies Corporation, a company that was said
to be in talks with Apple to potentially supply components for the
iPhone 14.
On Thursday, Congress
passed a military bill including a provision that will prevent the U.S. government
from purchasing or using semiconductors made by Y.M.T.C. and two other Chinese chip
makers, Semiconductor Manufacturing International Corporation and ChangXin Memory Technologies, because of their reported links
to Chinese state security and intelligence organizations.
The U.S. government added
the companies to a so-called entity list that will severely restrict their access
to certain products, software and technologies. The targeted companies are producers
and sellers of technologies that could pose a significant security risk to the United
States, like advanced chips that are used to power artificial intelligence and hypersonic
weapons, and components for Iranian drones and ballistic missiles, the Commerce
Department said.
In an emailed statement,
Liu Pengyu, the spokesman for the Chinese embassy in Washington,
said that the United States “has been stretching the concept of national security,
abusing export control measures, engaging in discriminatory and unfair treatment
against enterprises of other countries, and politicizing and weaponizing economic
and sci-tech issues. This is blatant economic coercion and bullying in the field
of technology.”
“China will resolutely
safeguard the lawful rights and interests of Chinese companies and institutions,”
he added.
On Monday, China filed
a formal challenge to the Biden administration’s chip controls at the World Trade
Organization, criticizing the restrictions as a form of “trade protectionism.”
The administration said
that some companies, including Y.M.T.C. and its Japanese subsidiary, were added
to the list because they posed a significant risk of transferring sensitive items
to other companies sanctioned by the U.S. government, including Huawei Technologies and
Hikvision.
The Commerce Department
said that another entity, Tianjin Tiandi Weiye Technologies, was added for its role in aiding China’s
campaign of repression and surveillance of Uyghurs and other Muslim minority groups
in the Xinjiang region of China, as well as providing U.S. products to Iran’s Islamic
Revolutionary Guards Corps. U.S.-based firms will now be forbidden from shipping
products to these companies without first obtaining a special license.
Twenty-three of the entities
— in particular, those supplying advanced chips used for artificial intelligence
with close ties to the Chinese military and defense industry,
and two Chinese companies that were found to be supporting the Russian military
— were hit with even tougher restrictions.
The companies will be
subject to what is known as the foreign direct product rule, which will cut them
off from buying products made anywhere in the world with the use of American technology
or software, which would encompass most global technology companies.
The administration also
said it would lift restrictions on some companies that had successfully undergone
U.S. government checks that ensured their products weren’t being used for purposes
that the government deemed harmful to national security.
As part of the restrictions
unveiled in October, the Biden administration placed dozens of Chinese firms on
a watch list that required them to work with the U.S. government to verify that
their products were not being used for activities that would pose a security risk
to the United States.
A total of 25 entities
completed those checks, in cooperation with the Chinese government, and thus have
been removed from the list. Nine Russian parties that were unable to clear those
checks were added to the entity list, the department said.
A spokesperson for the
Commerce Department said that the actions demonstrated that the United States would
defend its national security but also stood ready to work in cooperation with companies
and host governments to ensure compliance with U.S. export controls.
In a separate announcement
Thursday morning, a government board that oversees the audits of companies listed
on stock exchanges to protect the interests of investors said that it had gained
complete access for the first time in its history to inspect accounting firms headquartered
in mainland China and Hong Kong.
The agency, called the
Public Company Accounting Oversight Board, said this was just an initial step in
ensuring that Chinese companies are safe for U.S. investors. But the development
marked a step toward a potential resolution of a yearslong standoff between the United States and
China over financial checks into public companies. It also appeared to decrease
the likelihood that major Chinese companies will be automatically delisted from
U.S. exchanges in the years to come.
Congress passed a law
in 2020 that would have required Chinese companies to delist from U.S. stock exchanges
if U.S. regulators were not able to inspect their audit reports for three consecutive
years.
Erica Y. Williams, the
chair of the board, said the announcement should not be misconstrued as a “clean
bill of health” for firms in China. Her staff had identified numerous potential
deficiencies with the firms they inspected, she said, though that was not an unexpected
outcome in a jurisdiction being examined for the first time.
“I want to be clear: this
is the beginning of our work to inspect and investigate firms in China, not the
end,” Ms. Williams said.