Rubio Pressures Biden-Harris Administration to Secure U.S. Chip Technology from China

Photo byOffice of Florida Senator Marko Rubio

Senator Rubio Criticizes Commerce Department's Failure to Block Advanced Chips from Reaching China's Military

U.S. Senator Marco Rubio (R-FL) has demanded that the Biden-Harris administration take immediate action to prevent advanced semiconductor technology from falling into the hands of Communist China. In a recent letter to U.S. Department of Commerce Secretary Gina Raimondo, Rubio criticized the Bureau of Industry and Security (BIS) for failing to enforce export controls that are intended to protect American chip technology from being exploited by the Chinese Communist Party (CCP) and its armed wing, the People’s Liberation Army (PLA).

Reports Expose Weaknesses in U.S. Export Controls

Rubio's letter follows reports from The Wall Street Journal and The New York Times, which revealed significant loopholes in the current export control system. According to these reports, advanced U.S.-made chips are reaching China through third-party vendors and smuggling operations, enabling entities tied to the PLA to bypass restrictions. The Wall Street Journal found that 70 China-based entities, including those affiliated with the PLA, imported thousands of advanced Nvidia artificial intelligence chips annually, despite BIS restrictions.

The New York Times further highlighted a black market in Shenzhen where high-end semiconductors are openly sold, with procurement documents showing purchases by entities connected to the PLA. These revelations raise concerns about the effectiveness of current U.S. export controls and the potential for American technology to be used against U.S. interests.

Rubio’s Call for Stronger Measures to Protect National Security

Senator Rubio’s letter underscores the national security implications of allowing advanced semiconductor technology to fall into the hands of adversaries. He stressed that semiconductors are critical to military applications, including artificial intelligence, which can provide strategic advantages on the battlefield. Rubio argued that the failure to prevent these leaks jeopardizes U.S. national security and allows the CCP to advance its military capabilities through the PLA’s military-civil fusion strategy.

“Preventing America’s adversaries from weaponizing these components for nefarious purposes is vital to our national security,” Rubio wrote. He criticized the Department of Commerce for not responding adequately to inquiries about its export control failures and for what he described as a "lethargic posture" that prioritizes trade over security concerns.

Proposed Solutions to Strengthen Export Controls

To address these issues, Rubio called for a more stringent approach to export licensing. He urged Secretary Raimondo to implement a “presumption of denial” policy for export license applications involving entities based in China, given the high risk of circumvention. This policy shift would mean that applications would be denied by default unless there is clear evidence that the technology will not end up in the hands of adversaries.

Rubio also referenced the Depriving Enemy Nations of Integral Authorizations and Licenses (DENIAL) Act, which he introduced last year. The proposed legislation would mandate BIS to adopt the “presumption of denial” approach for all entities in China and Russia. While the act has not been enacted, Rubio emphasized that Secretary Raimondo already has the authority under the Export Control Reform Act of 2018 to implement these measures without additional legislation.

Calls for Accountability and Urgent Action

Senator Rubio's letter reflects a growing urgency among lawmakers to protect sensitive American technologies from exploitation by hostile foreign powers. Rubio criticized the Biden-Harris administration's public stance on China as being at odds with the actions of BIS, which he argued are insufficient to prevent advanced chips from reaching China’s military. He urged Secretary Raimondo to take immediate and decisive action to close the gaps in the current export control regime and ensure that U.S. technologies do not aid America's adversaries.

“If you are serious about protecting American technology, the only effective solution is for BIS to aggressively deny licenses that would permit the export of advanced semiconductors to any entity that is based in the PRC,” Rubio stated, pressing for an overhaul of current policies to safeguard national security.