united-states international
Under what law, can the U.S. forbid other countries and companies from selling products to Huawei?
<p>Under what law, can the U.S. forbid other countries and companies from selling products to Huawei?</p>

<p><a href="https://www.wsj.com/articles/huawei-warns-u-s-chip-ban-will-damage-operations-globally-11589801706" rel="nofollow noreferrer">https://www.wsj.com/articles/huawei-warns-u-s-chip-ban-will-damage-operations-globally-11589801706</a></p>

<p>Under what jurisdiction or law, is the U.S. permitted to do a blanket ban on a Chinese product without going through some kind of legal process with a legal body? In my knowledge, the U.S. jurisdiction should have no power on what TSMC should be able to sell to Huawei, and yet the U.S. is somehow exercising power over TSMC it seems. How does that work?</p>

<p>The <a href="https://www.whitehouse.gov/presidential-actions/executive-order-securing-information-communications-technology-services-supply-chain/" rel="nofollow noreferrer">original order</a> was recently extended: that order relied on the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, U.S Code. The order does not specifically mention Huawei, but the inclusion of Huawei is a result of determinations by the</p>

<blockquote>
  <p>Secretary of Commerce (Secretary), in consultation with the Secretary
  of the Treasury, the Secretary of State, the Secretary of Defense, the
  Attorney General, the Secretary of Homeland Security, the United
  States Trade Representative, the Director of National Intelligence,
  the Administrator of General Services, the Chairman of the Federal
  Communications Commission, and, as appropriate, the heads of other
  executive departments and agencies</p>
</blockquote>

<p>This is analogous to orders to not trade with Iran. If business X has absolutely no connection to the US, then an order for X to not do business with some other entity is effectively unenforceable. However, TSMC <em>does</em> do business in the US, for example is is listed on the NYSE, and it does business with many US companies. Jurisdiction exists when a government claims jurisdiction. Enforcement exists where a government can force its will on others, the US can’t enforce its will on China or Huawei but it can on companies operating or based in the US.</p>
