*
Former Assistant Secretary Matthew Axelrod expects Trump
administration to aggressively enforce export controls
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Cadence Design Systems ( CDNS ) and Applied Materials ( AMAT ) are under
investigation over sales to China
(Adds comment from Justice department in 10th paragraph, and
additional background, bullet points)
By Karen Freifeld
Feb 27 (Reuters) -
The U.S. Commerce Department is likely to impose hefty fines
on companies in the coming months for illegally shipping
technology to customers in countries like China, a top
department official who left last month said on Thursday.
Matthew Axelrod, as Commerce's assistant secretary for
export enforcement during the Biden administration, pushed for
tougher penalties against companies that violated export
controls on China, Russia and Iran.
He signed off on a $300 million penalty on Seagate
Technology in 2023 for shipping 7 million hard drives to China's
Huawei, which is on the U.S. Commerce Department Entity List
that restricts sending U.S. goods and services to the company
because of its risks to national security.
"We had hoped some major investigations would resolve in
2024, but it looks like it will now be 2025," said Axelrod, who
expects the Trump administration to aggressively enforce export
controls. He is joining the Gibson Dunn law firm on Monday.
Axelrod would not identify the companies under scrutiny.
But San Jose, California-based Cadence Design Systems ( CDNS )
, a chip design software firm, said in a filing last
week that it began discussions in December with the Commerce and
Justice departments regarding "preliminary findings of their
investigations and a potential resolution" of a matter related
to certain customers and business activity in China.
Another open investigation involves Santa Clara,
California-based chip equipment maker Applied Materials ( AMAT )
, which is being probed by both the Commerce and Justice
departments over shipments to China's top chipmaker,
Semiconductor Manufacturing International, as Reuters
reported in 2023.
In a filing last week, Applied Materials ( AMAT ) said it had
continued to receive government subpoenas, which started in 2022
and related to certain China customer shipments. The company was
cooperating with the government, the filing said, and could not
predict the outcome.
Spokespeople for Applied Materials ( AMAT ) and Cadence declined
comment beyond the disclosures. The Commerce Department did not
respond to requests for comment.
A Justice Department spokesman declined comment on matters
that it said "may or may not be under investigation." But, the
spokesman said, the department's National Security Division
"continues to aggressively investigate and prosecute export
control violations to secure advanced U.S. technology from
illicit acquisition by nation state adversaries."
In addition to boosting civil penalties, Axelrod helped
launch a Disruptive Technology Strike Force with the Justice
Department in 2022 to file criminal cases against those who help
foreign adversaries obtain sensitive U.S. technology, work he
also expects to continue, even if not under the same initiative.
Axelrod, an official in the Justice department before
Commerce, will co-chair a new practice at Gibson Dunn on
sanctions and export enforcement.
(Reporting by Karen Freifeld, Editing by Louise Heavens and
Lincoln Feast.)