The relationship between the United States and China: assessing the risks of marketing electronics made outside the United States

Only weeks later President Biden And the Chinese leader Xi Jinping He met face to face to restore dialogue between the two countries Federal Communications Commission It adopted new rules that could limit national security threats posed by Chinese-made communications and electronic devices. The FCC said last week that it adopted the new rules to “further secure our communications networks and supply chains from equipment that poses an unacceptable risk to national security.”

The rules will prohibit market access to certain equipment in the United State By prohibiting the licensing of items that the FCC believes pose national security concerns. The agency said it would do so by expanding devices, communications equipment and entities on the “covered list” and requiring those seeking an equipment license to state that they are not bringing these items to market.

In a statement, the chairwoman of the FCC Jessica Rosenworcel said the we “need to[s] To ensure that the networks we know today become more secure over time and evolve to resist cyberattacks from those who wish to harm us.”

The FCC has the authority to regulate radio frequency equipment and devices we These devices cannot be legally marketed or sold in the country unless authorized by FCC Grammar. This authorization can come by either obtaining the award of equipment certification, or following the suppliers’ declaration of conformity process, depending on the type of equipment. Entities that market telecommunications, wireless and electronic devices in the United Arab Emirates we Responsible for ensuring that they receive appropriate authorization under the FCC rules or face the possibility of enforcement investigations and financial penalties.

under the direction and authority of CongressThe agency has taken action against several Chinese companies in light of potential national security threats that may occur through telecommunications and wireless devices.

Over the past few years, the agency has taken action to block such Chinese companies Chinese Telecom From providing 214 international communication services within we It also prohibited the use of federal funds, particularly universal service funds, to purchase telecommunications networking equipment from certain Chinese companies believed to have ties to the Chinese government.

These decisions were part of a larger effort before we Government to limit possible means of conducting surveillance on we consumers. while, Brendan Carrthe Republican chief commissioner of the Federal Communications Commission, who recently traveled to Taiwan To attend meetings with the state National Telecommunications Authority. As called to Foreign Investment Council In the we (CFIUS) to ban Tik Tok In the weciting concerns about the company’s use of data obtained from US citizens.

Chinese companies backed off. Earlier this month, Hikvision, a Chinese company partially owned by an entity controlled by the Chinese government, sent a lengthy letter to the agency in response to “press reports” of possible action by the FCC. In the letter, Hikvision argues that the FCC does not have the authority to take action to ban its products such as video surveillance cameras connected to private telecommunications networks but not to public telecommunications networks.

Three weeks after receiving the letter, the agency adopted its new rules. These rules impose burdens on all manufacturers and sellers of electronic equipment in the UAE we – Not only Chinese – Require applicants to obtain equipment certification to certify that the item is not on the covered list and designate we Agent to service the process. The item also includes another proposed rulemaking notice asking whether the FCC should revoke existing equipment license grants due to national security concerns.

Comments on additional proposals may be submitted to the FCC after the item is posted to Federal RegisterProbably in several months.

The content of this article is intended to provide a general guide to the subject. It is advised to take the advice of specialists in such circumstances.

Laura A. StephanieDistinguished LLP
575 7th Street, NW
DC 20004
United States of America

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