Commentary

Biden vs. Trump: Export Control Policies

Key Takeaways

  • Regardless of the election outcome, semiconductor manufacturers can expect more changes to legislation; increased compliance burdens and expanding regulations; and a growing roster of companies on the Bureau of Industry and Security’s (BIS) Entity List.
  • The Trump administration took a transactional, event-driven, companycentric approach to export controls, based on the view that entities like Huawei and SMIC most jeopardized U.S. interests. A second Trump administration might be more flexible than the Biden team and impose or withdraw restrictions to support other priorities such as trade negotiations.
  • The Biden administration developed a “small yard, high fence” strategy, which aimed to pinpoint and limit China’s access to specific technologies most advantageous to China’s military and surveillance capabilities. A second Biden term would likely see further expansion of this strategy, coupled with continued attempts to persuade allies and partners to do the same

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