Washington Post Quotes Kevin Wolf on U.S. Export Controls of China’s Hypersonics and Missile Programs

Akin Gump international trade partner Kevin Wolf was quoted by The Washington Post for its article “American technology boosts China’s hypersonic missile program,” which reports that military research groups are purchasing specialized American technology including products developed by firms which have received millions of dollars in grants and contracts from The Pentagon. The article notes how these advanced software products are acquired through private Chinese firms and sold despite U.S. export controls.

Wolf, who served as Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, said that these export controls, “require a license for the export of any type of software, hardware or technology to China if there is knowledge that it would be used to develop a missile or other item used for weapons of mass destruction. And that license would generally be denied.”

He notes that if a distributor listed a number of military groups, including missile groups it would be a “bright, bright, bright red flag.” Wolf says how if the company shipped software to such distributors there could be a violation of the regulation.

Wolf explains that “an additional question is whether the distributors in China had knowledge that the software would be used to help develop a missile.” He adds, “if so, they could be liable because even foreign persons are required to comply with the U.S. export control rules when dealing with U.S.-origin items.”