“The U.S. cannot adequately address its national security challenges related to China, which are increasingly driven by technology, without the help of a potentially surprising partner: the Department of Commerce.
Unfortunately, the department itself lacks the critical support needed for these efforts. Most crucial: Commerce needs its own intelligence agency.”
“The cases that come before CFIUS are privileged and not publicly disclosed. But I can say this: The most challenging ones usually revolved around issues of advanced or dual-use technology, an area in which the Department of Commerce plays a critical role given its international trade and export control responsibilities.
Today, the Department of Commerce is an agency unexpectedly on the frontlines of vital U.S. national and economic security challenges, most prominently demonstrated by its leading role on ensuring critical access to semiconductors, and as evidenced by the CHIPS Act and recent rules promulgated by the department to protect against even knowledge transfers between the United States and China.
But these efforts are certain to be a beginning for Commerce, not an end. And a dedicated in-house intel agency can better identify emerging threats and challenges from China that Commerce needs to tackle, including potential spyware and other intrusions embedded in foreign technology. For instance, in late November, the U.S. issued a ban on new Huawei and ZTE equipment — along with that of three other Chinese companies — for fear it would be used to spy on Americans. Last month, Congress proposed limiting U.S. exposure to Chinese 5G leaders, including Huawei, by restricting their access to U.S. banks, adding them to Treasury’s Specifically Designated Nationals List.
In fact, Commerce’s current position is not unlike that of the Treasury Department’s in 2004.
That year — as part of the Intelligence Authorization Act — Congress established the current iteration of Treasury’s intelligence agency, the Office of Intelligence and Analysis, and formally made it part of the broader intel community. Since then, OIA has played a critical role for almost two decades combating terrorist financing, helping support sanctions efforts and providing financial intelligence to Treasury policymakers.
OIA’s successes would simply not have been possible without it being a full, integrated member of the intelligence community. Indeed, its assessments often find their way to the White House and to other senior policymakers across town, even as its primary focus is supporting the Treasury Department.In the same way, the Commerce Department cannot be expected to play a more fulsome role in U.S. national security if its leaders are not fully informed of the strategic goals and illicit tactical efforts of U.S. adversaries. To meet that expectation, requires the launch of a new, 19th intel agency to be housed at the department.”