On June 24, 2019, the US Commerce Department’s Bureau of Industry and Security (“BIS”) added five Chinese entities to the Entity List: Wuxi Jiangnan Institute of Computing Technology, Sugon, and its affiliates, Higon, Chengdu Haiguang Integrated Circuit, and Chengdu Haiguang Microelectronics Technology. The final rule announcing the addition also includes an extensive list of aliases for these entities.

As a result of the Entity List designations, no supplier — US or non-US, wherever located  — may export, reexport, or transfer (in country) any commodity, software, or technology (“items”) subject to the Export Administration Regulations (“items subject to the EAR”) to the five Chinese entities unless authorized by a BIS license. An item is subject to the EAR if it is (i) physically located in the United States, (ii) of US origin, wherever located, (iii) manufactured outside the United States but incorporating more than de minimis levels of controlled US content (which is more than 25% for most countries including China, and more than 10% for sanctioned territories such as Iran), and (iv), in some circumstances, a foreign direct product of certain national security controlled US technology or software. BIS will review license applications involving these five entities with a presumption of denial.

The Wuxi Jiangnan Institute of Computing Technology, which is owned by the People’s Liberation Army, and Sugon are involved in the development of exascale high performance computing. BIS cited Sugon’s public acknowledgement that its high-performance computers have a variety of military end uses and end users and Wuxi Jiangnan Institute of Computing Technology’s military ownership in support of its determination that they are involved in activities contrary to the national security and foreign policy interests of the United States. Sugon owns Higon, which has interests in integrated circuits, electronic information systems, software development, and computer system integration. Higon also owns Chengdu Haiguang Integrated Circuit, which designs X86 architecture computer chips for network information servers, and holds a substantial share in Chengdu Haiguang Microelectronics Technology, which is engaged in integrated circuit production. BIS cited these relationships with Sugon in support of its determination that these three entities pose a significant risk of being or becoming involved in activities contrary to the national security and foreign policy interests of the United States.

Author

Daniel Andreeff’s practice focuses on US economic and trade sanctions, including those targeting Iran, Russia, Cuba, Syria, and North Korea, export controls, and anti-boycott laws. He represents clients in national security reviews before the Committee on Foreign Investment in the United States (CFIUS), and has experience in federal court litigation and congressional investigations. His pro bono practice includes providing sanctions and export control advice to a global humanitarian NGO. * Admitted in New York only. Practice in the District of Columbia is under the supervision of a member of the District of Columbia Bar.

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Ms. Test advices clients on issues relating to licensing, regulatory interpretations, enforcement actions, internal investigations and compliance audits, as well as the design, implementation and administration of compliance programs. She also advises clients on the extra-territorial application of trade compliance-related regulations in cross-border transactions.

Author

Paul Amberg is a partner in Baker McKenzie’s Amsterdam office, where he handles international trade and compliance issues. He advises multinational companies on export controls, trade sanctions, antiboycott rules, customs laws, anticorruption laws, and commercial law matters. Paul helps clients assess and address compliance risks presented by export controls, trade sanctions, antiboycott rules, customs laws, and anticorruption laws. His practice especially focuses on internal reviews, voluntary disclosure filings, and enforcement actions brought by, the US Government in relation to the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), trade and economic sanctions programs, and US customs laws.