The new rules will require licenses for U.S. companies to sell certain items to companies in China that support the military, even if the products are for civilian use. They also do away with a civilian exception that allows certain U.S. technology to be exported without a license, if the use is not connected to the military.
The rules, which were posted for public inspection and will be published in the Federal Register on Tuesday, could hurt the semiconductor industry and sales of civil aviation equipment to China, if the U.S. presumes they are for military applications.
The changes, which include requiring licenses for more items, also expand the rules for Russia and Venezuela, but the biggest impact will be on trade with China.
“It is important to consider the ramifications of doing business with countries that have histories of diverting goods purchased from U.S. companies for military applications,” Commerce Secretary Wilbur Ross said in a statement.
Washington trade lawyer Kevin Wolf said the rule changes for China are in response to its policy of military-civil fusion: finding military applications for civilian items.
He said the regulatory definitions of military use and user are broad and go beyond purchases by entities such as the People’s Liberation Army.
For example, Wolf said, if a car company in China repairs a military vehicle, that car company may now be a military end user, even if the item being exported is for another part of the business.
“A military end user is not limited to military organizations,” Wolf said. “A military end user is also a civilian company whose actions are intended to support the operation of a military item.”
Another rule change involves eliminating civilian license exceptions for Chinese importers and Chinese nationals for certain integrated circuits. Other telecommunications equipment, radar and high-end computers will be caught as well.
The administration also posted a third proposed rule change that would force foreign companies shipping certain American goods to China to seek approval not only from their own governments but from the United States as well.
The actions come as relations between the United States and China have deteriorated amid the new coronavirus outbreak.
Reporting by Karen Freifeld; Editing by Chizu Nomiyama, Jonathan Oatis and Dan Grebler
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