California-based Arteris, a multinational semiconductor company, said it received a warning letter from the Bureau of Industry and Security after it disclosed potential export control violations (see 2110130040). The company was given the warning earlier this year after BIS decided “not to refer this matter for criminal or administrative prosecution,” Arteris said in an August SEC filing.
The European Commission on Sept. 1 adopted two reports -- one on the screening of foreign direct investment (FDI) and one on the Export Controls Regulation, it said Sept. 2. The commission said it analyzed over 400 FDIs into the EU in 2021 to ensure that none of the money threatened EU countries' security, and found all but two EU member states have implemented screening mechanisms or are in the process of putting them in place. The commission carried out its FDI screening quickly, with 86% of assessments being completed within 15 calendar days, the commission said.
New export restrictions on microchips from NVIDIA, AMD and potentially other chipmakers come amid “a review of existing policies related to China and will potentially seek to employ a variety of legal, regulatory, and, when relevant, enforcement tools to keep advanced technologies out of the wrong hands,” a Bureau of Industry and Security spokesman said when reached for comment Sept. 1.
Chipmaker NVIDIA said the U.S. has imposed a “new license requirement, effective immediately,” on exports of certain chips to China (including Hong Kong) and Russia. The company’s Aug. 26 Securities and Exchange Commission filing said the government informed it that same day of the requirement, which covers the company’s A100 and H100 chips, as well as any future chips that meet performance thresholds equivalent to the A100.
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South Korea held an industry conference Aug. 25 to discuss and coordinate responses to the U.S.’s CHIPS and Science Act, which provides incentives for American semiconductor investments, and the Inflation Reduction Act, which provides tax credits for certain electric vehicles that are assembled in North America, and whose batteries are mostly sourced from allies. South Korea said it hopes to continue to express to the U.S. its “concerns” over certain provisions of the CHIPS law that it said violate World Trade Organization rules. The country is also planning a range of “countermeasures,” including “an early commencement of manufacturing plant construction to move up production timelines” in its EV battery and chip sectors.
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Japan recently rejected South Korea’s request to allow it back on Japan’s white list of trusted trading partners, according to an unofficial translation of an Aug. 21 report from South Korean daily newspaper Munhwa Ilbo. The report, citing an article recently published by Japan’s Sankei Shimbun, said Japan rejected the South Korea request at a foreign ministers meeting held in Cambodia earlier this month.
China’s announcement this summer that it made progress in its chip technology doesn't necessarily mean there was a failure in U.S. export control policy, said Bill Reinsch, a senior export administration official during the Bill Clinton administration. Reinsch said it’s unclear if China’s new chip even exists and where Beijing received the equipment to produce it.
As the Biden administration enacts legislation to bolster the green energy and semiconductor industries, the U.S. likely will see an influx of foreign investment in both sectors, which could lead to more filings with the Committee on Foreign Investment in the U.S., said Michael Considine, a Department of Energy official, speaking during a Vinson & Elkins webinar last week. He also expects some emerging clean-energy technologies to have dual-use capabilities, which also could trigger more CFIUS reviews.