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.
Emily Weinstein is leaving her role as a research fellow at Georgetown University’s Center for Security and Emerging Technology to join the Bureau of Industry and Security, she announced this week on LinkedIn. She will serve as a senior adviser to BIS Undersecretary Alan Estevez. Some of Weinstein's recent work has included co-writing research advocating for new multilateral export control efforts (see 2205240039 and 2306270043). She also has outlined a potential way BIS can use its “catch-all controls” to tighten restrictions around exports of sensitive artificial intelligence models (see 2307060037), and has proposed the Biden administration take an end-user list-based approach to restricting outbound investments in Chinese artificial intelligence companies (see 2308300044).
The Bureau of Industry and Security sent an interim final rule for interagency review this week that could update U.S. export controls on certain semiconductor manufacturing items and make modifications to the Entity List. The rule was sent to the Office of Information and Regulatory Affairs Oct. 4. A BIS spokesperson declined to comment about what the rule will entail.
LONDON -- A looming Bureau of Industry and Security rule that would expand the agency’s restrictions on U.S. persons' activities is “going to be a compliance challenge that I don't think we're ready for,” said Robert Monjay, a former BIS analyst and export control executive with Intel.
The Bureau of Industry and Security added 49 entities from China, Estonia, Finland, Germany, India, Turkey, the United Arab Emirates and the U.K. to its Entity List for providing support to Russia’s military or to its defense industrial base. The entities, outlined in a final rule effective Oct. 6, are subject to license requirements for all items subject to the Export Administration Regulations, and licenses will be reviewed under a policy of denial.