US BIS corrections to October 2023 chip controls — splits License Exception NAC into NAC + ACA

Mechanism

This rule is primarily administrative housekeeping with one meaningful procedural change:

1. License Exception NAC split into NAC + ACA. - NAC (Notified Advanced Computing): Retains the requirement to notify BIS at least 25 business days before shipment for items meeting advanced-computing thresholds. Destination and end-user review applies. - ACA (Advanced Computing Authorized): A new exception allowing qualifying exports without advance notification, subject to item-level and end-use restrictions. Both exceptions remain unavailable for transactions requiring licences under Parts 744/746 (with limited exceptions).

2. ECCN 4A090.b addition. Controls computers and electronic assemblies containing integrated circuits meeting the 3A090.b performance thresholds. Subjects these items to regional- stability (RS) controls.

3. Technical corrections. Restores national-security (NS) controls to several ECCN subparagraphs that were inadvertently dropped in October 2023 drafting. Clarifies EUV-lithography- mask controls under 3B001.j and 3B991.b.2.

4. Country Group D:5 clarification. NAC notification requirements apply when the entity or its ultimate parent is headquartered in a D:5 country, regardless of shipment destination.

Why severity 2

This is a procedural / housekeeping rule, not a perimeter expansion. The NAC/ACA split affects licence-exception mechanics rather than the scope of controlled items. No new products or destinations were added to the control list; the rule primarily fixes drafting errors from October 2023. Severity 2 reflects low incremental restrictiveness.

Downstream implications

• Companies relying on License Exception NAC need to assess

whether they qualify for ACA (no notification) or must continue 25-day NAC filings.

• Compliance teams must update internal ECCN mappings for the

4A090.b addition.

• No material revenue impact expected beyond administrative

burden.

Open questions

• BIS invited comments by April 29, 2024; whether any subsequent

amendments were published in response is not yet filed.