Commerce Acts to Deter Misuse of Biotechnology, Other U.S. Technologies by the People’s Republic of China to Support Surveillance and Military Modernization that Threaten National Security 

Trade enforcement

FOR IMMEDIATE RELEASE

Thursday, December 16, 2021

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Today, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) took action to address the ongoing threats to U.S. national security and foreign policy presented by the People’s Republic of China (PRC)’s efforts to develop and deploy biotechnology and other technologies for military applications and human rights abuses. BIS is also taking action against entities operating in the PRC, Georgia, Malaysia, and Turkey for diverting or attempting to divert U.S. items to Iran’s military programs.

“The scientific pursuit of biotechnology and medical innovation can save lives. Unfortunately, the PRC is choosing to use these technologies to pursue control over its people and its repression of members of ethnic and religious minority groups.  We cannot allow U.S. commodities, technologies, and software that support medical science and biotechnical innovation to be diverted toward uses contrary to U.S. national security,” said U.S. Secretary of Commerce Gina M. Raimondo. “The U.S. will continue to stand strong against efforts by the PRC and Iran to turn tools that can help humanity prosper into implements that threaten global security and stability.”

These BIS actions were taken under the authority of the Export Control Reform Act of 2018 and its implementing regulations, the Export Administration Regulations (EAR).

The Entity List is a tool utilized by BIS to restrict the export, reexport, and in-country transfer of items subject to the EAR to persons (individuals, organizations, companies) reasonably believed to be involved, have been involved, or pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. For the entities added to the Entity List in this final rule, BIS imposes a license requirement that applies to all items subject to the EAR. In addition, no license exceptions are available for exports, reexports, or in-country transfers to the entities being added to the Entity List in this rule. BIS imposes a license review policy of a presumption of denial for these entities.

Revisions of Entity on the Entity List

The ERC determined to modify one existing entry on the Entity List, Huawei Technologies Co., Ltd. (Huawei), first added to the Entity list under the destination of China on May 2019 (84 FR 22963). Specifically, this rule adds three additional aliases (HMN Technologies, Huahai Zhihui Technology Co., Ltd., and HMN Tech) under one of its affiliated entities: Huawei Marine Networks.