The Executive Office of the President, via the National Science and Technology Council, has released an updated list of critical and emerging technologies that are potentially significant to U.S. national security. This list updates and revises the critical technologies list identified in the October 2020 report, “National Strategy for Critical and Emerging Technologies” and an
Semiconductors
Commerce Issues Further Export Controls Targeting China’s Semiconductor Manufacturing and Advanced Computing Capabilities
- These two Interim Final Rules reinforce the October 7, 2022, controls appended to the EAR to restrict China’s ability to both purchase and manufacture certain high-end chips critical for military advantage.
- The rules impose controls on additional types of semiconductor manufacturing equipment, adjust the parameters that determine whether an advanced computing chip is
CHIPS Incentives Program – Notice of Funding Opportunity for Facilities for Semiconductor Materials and Manufacturing Equipment
- On September 29, 2023, the United States Department of Commerce launched a new funding opportunity for projects involving the construction, expansion, or modernization of semiconductor materials and semiconductor manufacturing equipment facilities under the CHIPS Act of 2022.
- Projects within scope are expected to involve a complete capital investment range between $20 million and $300
BIS Adds 13 Chinese Companies to Entity List for Involvement in Developing Advanced Computing Chips
On October 17, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule adding two Chinese entities and their subsidiaries (a total of 13 entities) to the Entity List due to their involvement in the development of advanced computing chips and having been found to be engaged in activities contrary…
BIS Issues Proposed Rule to Establish “Guardrails” to Prevent the Improper Use of CHIPS Act Funding
On March 23, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Notice of Proposed Rulemaking implementing measures to prevent the improper use of CHIPS Act Incentives Program funding. Described as “guardrails,” the proposed rules are intended to ensure technology and innovation funded by the Creating Helpful Incentives to Produce Semiconductors…
Treasury Issues Proposed Rule to Clarify the Advanced Manufacturing Investment Credit Established by the CHIPS Act
On March 23, 2023, the Department of the Treasury (“Treasury”) published a Notice of Proposed Rulemaking to implement the Advanced Manufacturing Investment Credit established by the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act (“CHIPS Act”). The CHIPS Act was enacted in August 2022 to incentivize the manufacture of semiconductors and semiconductor manufacturing…
CBP Announces New BIS License Type Codes for China-Related Exports Involving Advanced Computing and Semiconductors
On March 15, 2023, U.S. Customs and Border Protection (CBP) announced that it has activated two new license codes for use in the Automated Export System (AES). These new codes are related to an Interim Final Rule published by the Department of Commerce’s Bureau of Industry and Security (BIS) on October 13, 2022, that…
BIS Includes Macau Under Semiconductor Export Controls Implemented Against China
On January 18, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an Interim Final Rule extending export controls currently in place for China on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items to the Macau Special Administrative Region of China (“Macau”). While China…
BIS Adds 36 Chinese Companies to Entity List for Support of China’s Military Modernization, Human Rights Violations and UAV Concerns
Effective December 16, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule adding 36 Chinse entities to BIS’s Entity List. These additions are intended to further restrict China’s “ability to leverage artificial intelligence, advanced computing, and other powerful, commercially available technologies for military modernization and human rights abuses,” according…
New Export Controls Target Support for China’s Advanced Computing and Semiconductor Manufacturing
Key Notes:
- The Rule restricts exports to China of high-end chips and semiconductor manufacturing equipment, including foreign made items that are the product of U.S. technology.
- The Rule restricts the export of a wide range of items that would support certain supercomputing or integrated circuit production end-uses in China. In some circumstances, any item subject
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