Feb 27 (Reuters) - The U.S. Commerce Department is
likely to impose hefty fines on some large companies in the
coming months for offenses such as illegally shipping technology
to customers in China, according to a top department official
who left last month.
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
one open investigation involves Santa Clara, California-based
chip equipment maker Applied Materials ( AMAT ), which is being
probed by both Commerce and the Justice Department over
shipments to China's top chipmaker, Semiconductor Manufacturing
International Co, as Reuters reported in 2023.
Another probe involves San Jose, Calif-based Cadence Design
Systems, a chip design software firm. In 2021, Cadence received
an administrative subpoena from the Commerce department
requesting the production of records relating to certain
customers in China, according to its disclosures. Another
subpoena, from the Justice Department, arrived in 2023.
In a Feb. 21 filing, the company said it began discussions
in December with Commerce and Justice regarding "preliminary
findings of their investigations and a potential resolution of
this matter."
The Commerce and Justice departments did not immediately
respond to requests for comment. Nor did Applied Materials ( AMAT ) and
Cadence TK.
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 acquire 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.
As Commerce Secretary Howard Lutnick said in an answer tied
to his confirmation hearing: "I intend for strong enforcement of
export controls to be a hallmark of my tenure."