BUSINESS NEWS NOVEMBER 29, 2019 商業新聞 2019年11月29日
Exclusive: U.S. weighs new regulations to further restrict Huawei suppliers - sources
Alexandra Alper, Karen Freifeld
Alexandra Alper, Karen Freifeld 報道
WASHINGTON (Reuters) - The U.S. government may expand its power to stop more foreign shipments of products with U.S. technology to China’s Huawei, amid frustration the company’s blacklisting has failed to cut off supplies to the world’s largest telecoms equipment maker, two sources said.
The U.S. Commerce Department in May placed Huawei Technologies on a trade blacklist, citing national security concerns. Putting Huawei on the entity list, as it is known, allowed the U.S. government to restrict sales of U.S.-made goods to the company, and some more limited items made abroad that contain U.S. technology.
But under current regulations, key foreign supply chains remain beyond the reach of U.S. authorities, prompting inter-agency discussions within the administration of President Donald Trump about possible changes to two key rules that could expand U.S. authority to block more foreign shipments to the company, giving more teeth to Huawei’s blacklisting, according to two people familiar with the matter.
The expansion of the rules is being considered even though the Trump Administration last week agreed to grant some reprieves on the existing ban and continues to seek a deal to de-escalate a bitter trade war.
If the Commerce Department makes the proposed rule changes, it will allow U.S. authorities to regulate sales of non-sensitive items, such as standard cell phone chips, made abroad with U.S.-origin technology, software, or components to Huawei, which is the world’s second largest smartphone maker.
Huawei and the Commerce department did not immediately respond to a request for comment.
The changes would represent “a major expansion of the reach of U.S. export controls and would be poorly received by U.S. allies and U.S. companies,” said Washington trade lawyer Doug Jacobson.
He predicted the actions would upset supply chains but that ultimately Huawei would find other companies to fill the gaps.
One rule the Commerce Department and sister agencies are focused on broadening is known as the De minimis Rule, which dictates whether U.S. content in a foreign-made product gives the U.S. government authority to block an export, the people said.
上述知情人士說，美國商務部及其姊妹機構關注的一條規則被稱為“最低限度規則”（De minimis Rule），該規則規定，根據外國製造產品中的美國技術含量來決定美國政府是否有權力阻止該產品的出口。
Officials also may expand the so-called Direct Product Rule, which subjects foreign-made goods that are based on U.S. technology or software to U.S. regulations.
FILE PHOTO: A Huawei company logo is pictured at the Shenzhen International Airport in Shenzhen, Guangdong province, China July 22, 2019. REUTERS/Aly Song/File Photo 資料圖片：2019年7月22日，中國廣東深圳市深圳國際機場的華為公司標誌。路透社/ Aly Song
It is not clear how close the administration is to making a decision about the changes, nor whether they would be introduced gradually or suddenly. It also was not immediately clear how the rule-making might take place, though sources said the changes would likely affect only Huawei.
Some China hawks within the administration are hoping for swift results, the people said.
In the months after Huawei was added to the entity list, suppliers such as Intel Corp (INTC.O), Xilinx Inc (XLNX.O) and Micron Technology Inc (MU.O) resumed some shipments to the Chinese company after conducting internal reviews to assess what products were not subject to the ban.
在華為被列入實體名單後的幾個月後，英特爾（INTC.O）、賽靈思（Xilinx Inc），以及美光科技（Micron Technology Inc）等供應商內部重新評估了哪些產品不受禁令限制後，又恢復了對華為的部分發貨。
Xilinx Chief Executive Victor Peng, for example, told Reuters in July that the company determined that its older, 28-nanometer chips and some chips not designed for 5G gear could legally could be sold to Huawei without a special license. To sell to a blacklisted company, suppliers subject to U.S. rules generally need to apply for and receive a special license.
Xilinx and the other companies did not explain why they decided they did not fall under the entity list ban.
The new rule considerations come just days after the Commerce Department gave two important wins to the blacklisted company, whose suppliers need special licenses to sell Huawei U.S. manufactured products.
Last week, the agency renewed the so-called temporary general license for Huawei for a third time, extending permission for it to engage in limited transactions to maintain U.S. rural network operators. And on Wednesday, the Trump administration issued a batch of some 75 licenses to allow some suppliers to restart sales to the company after Huawei was placed on a trade blacklist six months ago.