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Among the myriad policies the United States administers to address national security challenges posed by China, few have drawn as much attention and ire in recent years as the Entity List. The Entity List is a list of foreign parties, including corporations, and universities, prohibited—on national security grounds—from receiving certain U.S. technology, such as high-performance computers and surveillance equipment. The list has acutely impacted U.S.-China relations, restricting U.S. exporters’ access to China’s massive market and leading to notable legal contests, including Chinese entities tapping U.S. law firms to seek removal from the list and U.S. companies asserting the list violates a due process right to conduct business overseas.
Notwithstanding these concerns, the Entity List remains poorly understood. Its governing regulations are hard to navigate. Further, while the list has been active since 1997, it is now far more expansive and rigorously enforced than at its founding, with 180 Chinese entities added in 2020 alone. Against this backdrop, this Note outlines how the Entity List developed into a key tool in U.S. strategy to address national security concerns regarding China. It argues that the list marks an effective strategy within a broader trend whereby administrative agencies routinely issue national security-justified decisions targeting entities. But challenges remain, including minimal administrative recourse for affected parties and negligible review by the federal judiciary. Addressing these, this Note proposes reforms to promote an understanding of how the list works, minimize litigation, and reduce negative trade impacts.
