美国打击受制裁企业的子公司,招致中国指责

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US Hits Sanctioned Firms’ Subsidiaries, Drawing Chinese Rebuke

A Semiconductor Manufacturing International Corp. (SMIC) chip from a Huawei smartphone.
A Semiconductor Manufacturing International Corp. (SMIC) chip from a Huawei smartphone.

Photographer: James Park/Bloomberg

Takeaways by Bloomberg AI

  • The Trump administration is expanding US sanctions to capture subsidiaries of blacklisted companies, preventing them from using affiliates to access restricted US goods.
  • Subsidiaries that are at least 50% owned by blacklisted companies will face the same curbs as their sanctioned parents, with increased due diligence requirements for shipments to entities with significant minority ownership.
  • The changes will require Washington’s permission to export certain goods to a wider swath of companies, particularly in Russia and China, and have triggered criticism from China, which accuses the US of “unjustified suppression” of Chinese enterprises.

The Trump administration is dramatically expanding US sanctions to capture subsidiaries of blacklisted companies — a crackdown that drew a swift rebuke from China, where key tech giants are already subject to stringent American trade curbs.

A long-awaited rule published Monday by the Commerce Department seeks to prevent sanctioned companies – such as Huawei Technologies Co., China’s AI chip champion – from using affiliates to access restricted US goods.

Subsidiaries that are at least 50% owned by blacklisted companies will now face the same curbs as their sanctioned parents, according to the measure from the agency’s Bureau of Industry and Security. There are also increased due diligence requirements for shipments to entities with significant minority ownership by a sanctioned company.

Senate Banking Committee Holds Confirmation Hearing For Stephen Miran, Jeffrey Kessler, William Pulte, And Jonathan McKernan
Jeffrey Kessler, under secretary of commerce for industry and security, at his confirmation hearing in February.Photographer: Al Drago/Bloomberg

“For too long, loopholes have enabled exports that undermine American national security and foreign policy interests,” said Under Secretary of Commerce Jeffrey Kessler, who leads BIS. “Under this Administration, BIS is closing the loopholes and ensuring that export controls work as intended.”

In particular, Commerce’s action affects two key sanctions lists – the entity list, which includes parties believed to act contrary to US national security or foreign policy interests, and the military end user list, identifying parties believed to procure items for foreign militaries. The rule standardizes Commerce’s approach with the way the Treasury Department handles sanctions through its Office of Foreign Assets Control.

Read More: Huawei to Double Output of Top AI Chip as Nvidia Wavers in China

Washington has for years used the entity list to target individual Chinese tech companies – like Huawei and Yangtze Memory Technologies Co. – with restrictions that go beyond country-wide curbs. That broader campaign, which controls sales of advanced chips and the tools used to make them, centers on concerns that advanced AI could lend China a military edge.

The latest rules apply globally and don’t target any one country, but they nonetheless triggered immediate criticism from China, which has long accused the US of weaponizing export controls to advance economic interests under the guise of national security. In a statement about the restrictions, China’s Ministry of Commerce urged the US to “correct its wrongdoings” and stop the “unjustified suppression” of Chinese enterprises, warning that Beijing would take necessary measures to safeguard the interests of firms in the Asian country.

The Trump administration’s use of the entity list has been a sensitive issue in ongoing trade talks between Washington and Beijing. Earlier this month, BIS sanctioned several Chinese companies believed to have helped Semiconductor Manufacturing International Corp., Huawei’s primary production partner, get restricted manufacturing gear. The move drew protests from China’s Commerce Ministry, which noted that the measures came just as the two sides were set to meet in Spain to continue trade negotiations.

A US official, speaking on condition of anonymity, said they don’t anticipate that Monday’s regulations will have a major impact on trade flows, given that they’re designed to ensure that companies already subject to American export controls aren’t able to use subsidiaries as a workaround.

Still, some industry officials have worried that the change – meant to address what some US policymakers have described as a whack-a-mole problem in export controls enforcement – could create headaches for companies trying to determine whether potential customers are now subject to additional restrictions.

“This dramatically increases the compliance requirements,” Doug Jacobson, international trade attorney at Jacobson Burton Kelley PLLC said of the challenge companies face while adjusting to the new subsidiary rule. “This will lead to more red flags, more delays while companies try to get certainty as to who their counterparties are.”

Jacobson added that while the industry has been anticipating the new rules, language that encourages companies to apply for an export license in cases when they are unsure about end-user ownership is “helpful to some degree, but it also makes it much more challenging for the agency.”