The Biden administration wants to improve the effectiveness of multilateral export controls and is building toward the creation of an outbound investment screening regime, the White House said in its national security strategy published this week. Along with a range of domestic and foreign policy issues, the long-awaited strategy outlines the administration’s approach to trade and emerging technologies and its efforts to outcompete in its rivalry with China and continue to sanction Russia.
The Bureau of Industry and Security's new sweeping set of export controls (see 2210070049) will “likely damage” the Chinese semiconductor and advanced computing industries and the U.S. and foreign companies that sell to those sectors, ArentFox said in an Oct. 10 alert. “While that was clearly the point of the new rule, we are expecting total chaos for a while,” the law firm said, adding that there is a “lot to unpack” in the 139-page rule.
The Bureau of Industry and Security added 31 Chinese entities to its Unverified List last week, including Yangtze Memory Technologies Co., a semiconductor firm that U.S. lawmakers for months have urged BIS to add to the more restrictive Entity List. The final rule, which took effect Oct. 7, also removed nine other entities from the UVL and included new guidance on what types of criteria and activities may lead to the transfer of UVL entries to the Entity List.
The Bureau of Industry and Security last week announced a broad set of new export controls it said will restrict China’s ability to acquire advanced computing chips and manufacture advanced semiconductors. The controls, outlined in an interim final rule that will take effect in phases, will impose new restrictions on a range of advanced computing semiconductor chips and semiconductor manufacturing items, impose controls on transactions for supercomputer end-uses and certain integrated circuit end-uses, and introduce new restrictions on transactions involving certain entities on the Entity List.
The Bureau of Industry and Security should add China’s Yangtze Memory Technologies Co. to the Entity List, China Tech Threat, an organization that advocates for stronger export controls on China, said in an Oct. 4 letter to BIS. The letter points to a potential partnership between Apple and YMTC (see 2209220022), which would “put U.S. and other foreign manufacturers out of business” and will allow China’s Ministry of Industry and Information Technology to move closer to “achieving its objective of forcing companies to turn to China as their prime source for advanced technologies.”
The Bureau of Industry and Security announced a sweeping set of new export controls it said will restrict China’s ability to acquire advanced computing chips and manufacture advanced semiconductors. The controls, outlined in a final rule that will take effect in phases, will impose new restrictions on certain advanced computing semiconductor chips and semiconductor manufacturing items, impose controls on transactions for supercomputer end-uses and certain integrated circuit end-uses, and issue new restrictions on transactions involving certain entities on the Entity List.
The Bureau of Industry and Security added 31 Chinese entities to its Unverified List, including semiconductor firm Yangtze Memory Technologies Co., it said in a final rule effective Oct. 7. BIS said it hasn’t been able to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports. All export license exceptions involving those parties will be suspended, and exporters must obtain a statement from any party listed on the UVL before proceeding with certain exports.
Taiwan is “constantly” examining its export controls to make sure they’re capturing sensitive technologies, although it remains unclear if the controls will be discussed within its “Chip 4” alliance with the U.S., South Korea and Japan, a senior Taiwan official said this week. Chen Chern-chyi, Taiwan’s deputy economic affairs minister, said the four countries recently held a preparatory meeting for the alliance, but the group hasn’t yet set a formal agenda or scheduled an official first session, according to an Oct. 5 Nikkei report. He said the alliance is mainly “to work with our partners to form a resilient supply chain.”
The U.S. could issue new export controls on China, including restrictions on technologies used in high-performance computing and advanced semiconductors, as soon as this week, The New York Times reported Oct. 3. The report calls the new measures “some of the most significant steps taken by the Biden administration to cut off China’s access to advanced semiconductor technology,” adding they may include a “broad expansion” of the foreign direct product rule to cover additional Chinese firms.
The Commerce Department on Sept. 29 appointed members to its recently established Industrial Advisory Committee, which will provide the agency with guidance on semiconductor issues as it implements the CHIPS for America Act. The 24 committee members -- including officials from chips firms, car companies and academics -- will provide “advice on the science and technology needs” of the U.S. microelectronics industry. The Semiconductor Industry Association applauded the announcement, saying it’s “critical for government, industry, and academia to work collaboratively to ensure the new funding bridges key gaps in the current semiconductor [research and development] ecosystem.”