Friday, April 21, 2023

Seagate to Pay $300 Million for Violating Export Restrictions on China’s Huawei

The penalty comes after a group of Senate Republicans in 2021 alleged the data-storage equipment provider continued to sell hard drives to Huawei despite national-security restrictions

By Dylan Tokar

Updated April 19, 2023 7:38 pm ET




Seagate continued to sell hard drives to Huawei despite tightened export controls imposed on Huawei in 2020, the Commerce Department said. Photo: Justin Sullivan/Getty Images

Two subsidiaries of Seagate Technology Holdings PLC have agreed to pay $300 million for violating export restrictions placed on Huawei Technologies Co. over fears the Chinese telecommunications company poses a threat to U.S. national security.

The Dublin-based data-storage equipment provider continued to sell hard drives to Huawei despite tightened export controls imposed on the Chinese firm in 2020, the U.S. Commerce Department said Wednesday. U.S. officials for years have voiced concerns that Huawei’s equipment could be used to spy on Americans.

The fine is the largest stand-alone administrative penalty ever imposed by the Commerce Department’s Bureau of Industry and Security, according to the agency, which administers and enforces U.S. export controls.

Seagate in a statement on Wednesday acknowledged the agreement, saying it had agreed to admit to the Commerce bureau’s allegations partly in an effort to put the matter behind it and to focus on its current business challenges and long-term strategy.

“While we believed we complied with all relevant export control laws at the time we made the hard disk drive sales at issue, we determined that engaging with BIS and settling this matter was the best course of action,” Dave Mosley, Seagate’s chief executive officer, said in the statement.

The national-security concerns around Huawei, which the company has long denied, prompted the Commerce Department under President Donald Trump to place the Chinese company on the agency’s so-called “entity list.” The designation blocks companies from supplying U.S.-origin technology to Huawei without a license.

The U.S. has since ratcheted up the restrictions on Huawei. In 2020, the Commerce Department imposed regulations that blocked the sale to Huawei of items produced abroad using U.S.-origin technology or software. 

It was those restrictions that Seagate violated, according to the Commerce Department, when the company publicly announced in September 2020 that it would continue to do business with Huawei.

The company at the time told investors it didn’t believe it needed a license to continue selling to Huawei. It later entered a three-year cooperation agreement with the Chinese company, making it Huawei’s sole provider of hard disk drives.

“I don’t see any particular restriction for us in terms of being able to continue to ship to Huawei or any other customers in China,” Gianluca Romano, Seagate’s chief financial officer, said in September 2020.

A group of Senate Republicans in 2021 released a report alleging that Seagate had violated U.S. export controls and called for the Commerce Department to better enforce its restrictions on Huawei.

The Commerce Department on Wednesday said that Seagate subsidiaries in California and Singapore ultimately provided more than 7.4 million hard disk drives to Huawei entities in violation of the 2020 export rules. The hard disk drives were valued at about $1.1 billion, the agency said.

The administrative order issued by the Commerce Department places Seagate’s handling of U.S. technology under increased scrutiny, including by requiring it to conduct a series of multiyear audits. 

The audits, which will take place in three stages and involve an independent third-party consultant, will focus on Seagate’s export controls compliance program, the Commerce Department said.

The Biden administration in recent months has considered revoking export licenses to other U.S. Huawei suppliers and cutting off the Chinese firm from U.S technology altogether, according to previous reporting by The Wall Street Journal.

Write to Dylan Tokar at dylan.tokar@wsj.com

https://www.wsj.com/articles/seagate-to-pay-300-million-for-violating-export-restrictions-on-chinas-huawei-9fbdc1a 

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