Export Compliance Daily is providing readers with some of the top stories for July 20-24 in case you missed them.
U.S. lawmakers are seeking ways to fund a bill that would support the U.S. semiconductor industry amid rising technology competition with China. The bill (see 2006110038), which would incentivize U.S. semiconductor manufacturing and provide more federal support for research and development, includes provisions for refundable investment tax credits and $10 billion to match state incentives.
It's not enough to just restrict sales of chips to Huawei, and convince allies not to use the Chinese company in their 5G networks, experts said at a Senate Banking Committee Economic Policy Subcommittee hearing on July 22. Rather, they testified, both 5G and export controls should be looked at more broadly. Martijn Rasser, senior fellow in the Center for a New American Security's Technology and National Security Program, said that 5G networks will be essential to all that the U.S. does in technology, so getting 5G right is urgent.
Rich Ashooh, the Commerce Department’s former assistant secretary for export administration who resigned July 16 (see 2007020027), joined semiconductor equipment maker Lam Research Corp. as their global head of government affairs. In a statement, the company said Ashooh will bring a “sophisticated understanding of the policy process” and is respected across the industry. “His track record of solving complex problems and engaging diverse stakeholders makes him an ideal partner to advocate on behalf of Lam Research,” the company said. The announcement was first reported by Reuters.
The Department of Justice charged a California electronics company, its president and an employee with trying to illegally export chemicals to a Chinese company on the U.S. Entity List. President Tao Jiang, employee Bohr Winn-Shih and the company, Broad Tech System Inc., ordered the chemicals from a Rhode Island company before trying to ship the items to China Electronics Technology Group Corporation 55th Research Institute (aka NEDI) (see 2006030032), the Justice Department said July 20. The shipment would have violated the Export Control Reform Act.
The Taiwan Semiconductor Manufacturing Co. said it will stop chip shipments to Huawei due to the Bureau of Industry and Security's increased license restrictions, Nikkei Asian Review reported July 16. TSMC Chairman Mark Liu said the company has not taken any new orders from Huawei since BIS issued a rule May 15 increasing restrictions (see 2005150058), the report said. “Although the regulation just finished its public comment period, the BIS did not make a final ruling change. Under this circumstance, we do not plan to ship wafers [to Huawei] after Sept. 14,” Liu told investors at a conference, according to the report. TSMC did not comment. Liu did not say whether TSMC plans to apply for export licenses. The company recently announced plans to build a chip factory in Arizona (see 2005150033). U.S. lawmakers are concerned that could disadvantage U.S. chip companies if TSMC is awarded unfair subsidies (see 2005200030 and 2005270030).
The Commerce Department published its spring 2020 regulatory agenda for the Bureau of Industry and Security. The agenda includes a new mention of a rule to control “software” for the operation of “automated nucleic acid assemblers and synthesizers” capable of designing and building “functional genetic elements from digital sequence data.” BIS said the software can be used in the production of pathogens and toxins, with the potential for those to make their way into biological weapons if export controls on the software are lacking. The notice of proposed rulemaking, part of BIS’ effort to control emerging and foundational technologies (see 2005190052), will request industry comments about how the controls might affect “legitimate commercial or scientific applications.” BIS said it aims to issue the proposed rule this month.
Companies affected by the Bureau of Industry and Security's recent rule on military-related exports (see 2004270027) were frustrated by the lack of a comment period before the rule was finalized and BIS’s decision not to postpone the effective date, industry officials said in interviews. Some officials said they were disappointed the new requirements were not first issued as a proposed rule, adding that smaller businesses with fewer compliance department employees have struggled to adjust.
The U.S. government has been slow to incentivize research and development in the semiconductor industry, ceding ground to foreign governments that have been heavily investing in advanced technologies for “decades,” Semiconductor Industry Association CEO John Neuffer, said. He praised a recent push by Congress and the administration to provide more federal funding for semiconductor innovation (see 2006260013 and 2006110038) but said much more is needed.
A bipartisan group of senators unveiled a bill June 24 that would provide billions of dollars of federal funding for semiconductor research and manufacturing. The American Foundries Act, which is expected to be formally introduced June 29, according to a June 25 Reuters report, comes amid a strong bipartisan push (see 2006110038) for funding of U.S. technology innovation to counter China's influence in the sector.