Japan has begun “internal discussions” on whether it should join the U.S. in imposing export controls on advanced semiconductors and other technologies destined to China, Nikkei reported Nov. 1. Officials in Tokyo are “weighing which restrictions can be adopted in Japan, and will watch how other U.S. allies such as the European Union and South Korea respond,” the report said. Bureau of Industry and Security Undersecretary Alan Estevez recently said he’s confident U.S. allies will eventually impose similar controls (see 2210270047), which set sweeping new license restrictions to limit China’s ability to acquire advanced computing chips and manufacture advanced semiconductors (see 2210070049).
Nearly a month after the U.S. announced new export controls on advanced computing and semiconductor equipment destined to China, lawyers and companies are still grappling with what they say is a complex set of regulations and are awaiting clearer government guidance on how and whether their activities are covered. The dense regulations, along with lengthy response times from the Bureau of Industry and Security, have caused firms to delay decisions on shipments until they can better understand their risks and BIS’s due diligence requirements, trade attorneys and industry officials said in recent interviews.
The Bureau of Industry and Security recently posted a written version of its Oct. 13 live briefing on its new China-related export controls (see 2210130009 and 2210070049). The document includes BIS's rationale for imposing the new restrictions, an overview of what the license requirements cover and some "general" questions and answers.
The Bureau of Industry and Security published its first set of frequently asked questions on its new China-related export controls (see 2210070049), covering the definition of semiconductor “facility” and offering guidance on certain U.S. persons requirements, license review policies and more.
The Bureau of Industry and Security is confident it will soon convince allies to adopt similar semiconductor export controls on China, Undersecretary Alan Estevez said, adding that he expects some type of “multilateral deal” finalized in the “near term.” Estevez, speaking during an Oct. 27 event hosted by the Center for a New American Security, also said BIS isn’t “done” imposing chip-related controls and said companies should expect new restrictions on emerging technologies, including on biotechnologies, artificial intelligence software and items in the quantum sector.
Samsung and SK Hynix view their one-year waiver from certain U.S. export license requirements (see 2210070049) as a deadline and have begun exploring a “Plan B” if they can’t produce certain chips in China, Nikkei reported Oct. 25. After the South Korean chipmakers received a Bureau of Industry and Security waiver to continue using controlled semiconductor equipment in China (see 2210120002), they also “started a campaign to assess the business risks of their operations in China, as well as to plan for different scenarios,” the report said. "Who knows what will come after one year? It might or might not be extended," a person familiar with Samsung’s situation told Nikkei. "The license can be [denied] so that the company could face a case-by-case review." SK Hynix also told Nikkei it’s unsure what will happen after the one-year period ends.
The Bureau of Industry and Security recently sent a proposed charging letter to Seagate Technology alleging that it violated U.S. export controls by providing controlled items to a company on the Entity List. Seagate said the Aug. 29 letter accused it of violating the Export Administration Regulations by providing hard disk drives to the blacklisted company and its affiliates between August 2020 and September 2021.
The Bureau of Industry and Security is conducting a survey to assess the U.S. microelectronics industrial base, the agency announced this week. Answers for the survey will help BIS complete a study on the microelectronics industrial base mandated by the FY 2021 National Defense Authorization Act. BIS said its support staff can be reached at SemiconductorStudy@bis.doc.gov “to answer questions and assist in completion of the survey."
The Bureau of Industry and Security this week extended the comment period on an information collection related to its license exemptions and exclusions for export-controlled goods. In June, comments were requested during a 60-day period (see 2206140007), but the agency said it’s allowing for an additional 30 days of input.
Although the new U.S. export controls against China are likely to have minimal impacts on the U.S. semiconductor industry, a broader implementation of the controls could quickly raise costs on U.S. and allied suppliers and hurt the domestic chip industry, the Rhodium Group said in a report this month. The research firm said damages to semiconductor companies “could balloon quickly under a tightening of controls,” which it believes is “highly plausible.”