In a groundbreaking case, the Justice Department has accused two Chinese nationals of attempting to illegally export American semiconductor technology to restricted entities in China. The defendants, 44-year-old Han Li and 64-year-old Lin Chen, face decades in prison and millions of dollars in fines if convicted of skirting export controls to supply a forbidden Chinese firm with cutting-edge tech. The case signals a renewed determination by the US government to protect its strategic assets and hold those who compromise national security to account.
As the details emerge, it appears that from May 2015 to August 2018, Li and Chen used a complex web of intermediary companies to bypass Commerce Department restrictions. The objective, according to the indictment, was to illegally export machines designed to slice thin semiconductors, or silicon wafers, which are pivotal components in numerous electronic devices. In order to evade detection, the pair established a company called Jiangsu Hantang International to buy the machines from California’s Dynatex International. However, instead of employing the technology, they then tried to illicitly export the devices to restricted companies in China.
This case has far-reaching implications, as the export restrictions were implemented to prevent US technology from being co-opted by the Chinese military. As U.S. Attorney for the Northern District of California Ismail Ramsey explained, the controls are in place to “prevent the illicit procurement of commodities and technologies for unauthorized military end use” in the People’s Republic of China. This alarming incident thus raises vital questions about the adequacy of current measures to safeguard sensitive technologies.
The successful apprehension of Chen in Chicago last Thursday highlights the combined efforts of the FBI, Homeland Security, and the Commerce Department in tackling this issue. However, as Li remains at large in China, the case underscores the need for heightened vigilance on all fronts. FBI Agent Robert Tripp stated that “stopping the illegal export of U.S. technology to China is one of the FBI’s highest priorities,” adding that the bureau will “aggressively pursue anyone who violates export control laws” designed to uphold national and economic security.
For years, US national security agencies have been sounding the alarm about the theft of American intellectual property and technology by Chinese entities. This latest case indicates that such concerns are by no means unfounded, and calls for a reevaluation of existing countermeasures. The staggering potential fallout – decades of imprisonment and crippling fines – sends a clear message that illicit procurement of American technology will not be tolerated.
In conclusion, the case against Han Li and Lin Chen represents yet another warning shot in the ongoing battle to secure American technologies from foreign exploitation. The Justice Department’s dogged pursuit of these conspirators reinforces its commitment to upholding export controls and holding accountable those who jeopardize national security. As Assistant Attorney General Matthew G. Olsen rightly asserted, the stakes have never been higher: “U.S.-developed technologies” must be shielded from those who seek to “illicitly procure” them, in order to safeguard our nation’s future.
