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Cadence to pay $95 million US penalty over unauthorized technology exports to China

The company admitted transferring technology to entities tied to China’s military supercomputer development.

The US Bureau of Industry and Security imposed a $95 million administrative penalty on Cadence Design Systems for export control violations. The company also agreed to $45 million in forfeitures under a separate agreement with the US Department of Justice.

Source: Bureau of Industry and Security of the United States

Cadence Design Systems office building or a screen showing electronic design automation software.
Cadence agreed to a US penalty over unauthorized technology exports to Chinese entities. Illustrative photo. Photo: jcx516 / Pixabay, Pixabay Content License

The US Department of Commerce’s Bureau of Industry and Security (BIS) imposed a $95 million administrative penalty on Cadence Design Systems Inc. for illegally exporting electronic design automation hardware and software, as well as semiconductor design technology. Separately, Cadence agreed to $45 million in forfeitures under an agreement with the US Department of Justice.

In its settlement with BIS, Cadence admitted that employees of its Chinese subsidiary knowingly transferred sensitive US technology to entities developing supercomputers in support of China’s military modernization and nuclear weapons programs. They included the National University of Defense Technology (NUDT), Tianjin Phytium Information Technology (Phytium), and other parties on the Entity List.

Cadence admitted to 56 violations of the Export Administration Regulations (EAR) between September 2015 and September 2020. It sold electronic design automation products to NUDT through Central South CAD Center (CSCC), an alias. The equipment, software and technology exported to CSCC were valued at $45,305,317.41.

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BIS said Cadence continued sales to NUDT for years after the university was placed on the Entity List, using an account assigned to CSCC. The company had reason to know the two entities were closely linked: equipment sold or loaned to CSCC was installed on the NUDT campus, and the entities shared personnel.

Cadence later agreed to assign its contracts with CSCC to Phytium, another company linked to NUDT, and to transfer or attempt to transfer hardware, software and technology previously supplied to CSCC. Those actions resulted in two more violations between approximately November 2020 and February 2021.

The case was investigated by BIS’s Office of Export Enforcement, San Jose Field Office, and the Federal Bureau of Investigation. BIS said the full order, settlement agreement and Proposed Charging Letter are available online.

Source: Bureau of Industry and Security of the United States

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