The Bureau of Industry and Security today will release a range of updates to its 2022 China chip rule, including new restrictions on several dozen additional chip tools and related items, updated export control parameters for chips used in artificial intelligence applications, a novel notification requirement for certain “gray-zone” chips that fall just below that updated threshold, a new license requirement for chip exports to companies headquartered in nations subject to a U.S. arms embargo and more. BIS also added 13 Chinese companies to the Entity List, effective Oct. 17, for developing advanced chips in ways BIS said are contrary to U.S. national security.
The Bureau of Industry and Security officially released the texts of two rules to update its Oct. 7, 2022, China chip controls, including an interim final rule that will update controls on certain semiconductor manufacturing items and another interim final rule that will update restrictions on certain advanced computing items, supercomputer and semiconductor end-uses and make other updates and corrections.
The Bureau of Industry and Security this week will officially extend authorizations for South Korean semiconductor companies Samsung and SK Hynix to allow them to continue supplying certain controlled chip equipment to their Chinese factories. The move -- which formalizes authorizations that have applied to both companies since the agency issued its China chip rule Oct. 7, 2022 -- underscores the importance of the Korean chip industry to global semiconductor supply, BIS officials said.
The Bureau of Industry and Security is amending the Commerce Control List to implement changes agreed to during the 2022 Wassenaar Arrangement plenary, the agency said in an interim final rule released this week. The rule, effective Oct. 18, includes control parameter changes and editorial revisions to more than 50 Export Control Classification Numbers across Categories 1-10 of the CCL. BIS also is seeking public comments on a change that would restrict the use of License Exception STA (Strategic Trade Authorization) for certain countries when exporting technology used to develop certain supersonic aero gas turbine engine components.
The Bureau of Industry and Security this week sent for interagency review a much-anticipated final rule that would make updates and corrections to its Oct. 7, 2022, China chip controls (see 2211010042 and 2210070049). BIS said the rule, sent to the Office of Information and Regulatory Affairs Oct. 10, will make “additional changes in response to the comments received” on the Oct. 7 rule, as well as “additional changes identified by BIS that are needed in order to achieve the objectives” of the controls. The Oct. 7 rule introduced new license requirements for a range of semiconductor related exports and activities involving China.
The Bureau of Industry and Security recently renewed temporary denial orders for Russian airline Ural Airlines (see 2304110018) for one year and Russian cargo carrier Aviastar (see 2304180012) for six months after the agency said both continue to “act in blatant disregard” for U.S. export controls. BIS said Ural has continued to illegally operate aircraft on flights between Russia and Tajikistan and Kyrgyzstan, and Aviastar has operated flights between China and Russia. The TDOs bar the airlines from participating in transactions with items subject to the Export Administration Regulations.
South Korean semiconductor companies Samsung and SK Hynix received assurances from the Commerce Department that they will continue to be allowed to supply certain chipmaking tools to their China-based factories, continuing authorizations they had received as part of Commerce’s Oct. 7 China-related chip export controls rule, Reuters reported Oct. 9.
The Biden administration needs to soon update its China-related chip export controls and apply “full blocking sanctions” to Huawei and China’s Semiconductor Manufacturing International Corp., top House Republicans recently said in a letter to National Security Adviser Jake Sullivan. Those measures and others will address what the lawmakers said has been a ”failure” by the administration and the Bureau of Industry and Security to properly enforce the Oct. 7 chip restrictions, which placed new license requirements on a host of chip-related exports and activities involving China.
U.S. sanctions and export controls have so far “not been sufficient to deter” China’s Semiconductor Manufacturing International Corp., China analysts James Mulvenon and Joseph McReynolds said in a report released this month on Mulvenon’s website. The report said Applied Materials, Lam Research, Tokyo Electron, KLA and other chip companies are “effectively selling a wide range of relevant tools” used for 28 nanometer use to China, but SMIC likely is using them for 7 nm production.
The Bureau of Industry and Security added 49 entities, mostly from China, to the Entity List for shipping microelectronics to Russian consignees connected to the country’s defense sector. The entities are semiconductor companies, technology businesses, logistics companies and others, and also include companies based in Estonia, Finland, Germany, India, Turkey, the United Arab Emirates and the U.K.