Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

The US Bureau of Industry and Security issued an interim final rule on 17 October 2023 that substantially expanded the advanced-computing and semiconductor manufacturing controls first imposed in October 2022. The rule closed the performance-threshold workaround that NVIDIA had used to ship China-specific A800/H800 GPUs, replacing it with a "performance density" metric and adding a new "Notified Advanced Computing" licence category. It expanded controls on chipmaking equipment (additional ECCNs covering deposition, etch, metrology), pulled 21 additional countries (mostly Middle East / Central Asia) into a regional licensing scheme to prevent transshipment, and added 13 Chinese entities to the Entity List including AI-chip designers.

The Dutch government announced on 30 June 2023 a new national export-licensing requirement covering specific advanced semiconductor manufacturing equipment, most prominently ASML's TWINSCAN NXT:2000i and subsequent DUV immersion lithography systems used at ≤14/16nm logic, advanced DRAM, and advanced 3D NAND production. Effective from 1 September 2023 via the national Strategic Goods Decree, the rule completes the trilateral US-Japan-Netherlands chip-equipment perimeter initiated by the January 2023 trilateral agreement. Although nominally country-neutral, the BIS Foreign Direct Product Rule means licences for shipments to "countries of concern" — read: China — face a presumption of denial. Subsequent guidance in 2024 expanded coverage to additional TWINSCAN NXT:1970Ci and 1980Di system variants.

Effective 17 August 2020 (published in the Federal Register 20 August 2020, Vol. 85 No. 162, FR Doc 2020-18213), BIS implemented three simultaneous measures targeting Huawei's global supply chain. First, 38 non-U.S. affiliates of Huawei Technologies Co., Ltd. were added to the Entity List with the most restrictive license review policy (presumption of denial) and designated under footnote 1, extending the Huawei-specific Foreign-Produced Direct Product Rule (FDPR) to their operations. Second, the Temporary General License (TGL), which since May 2019 had authorized limited ongoing transactions with Huawei (network maintenance, software updates, standards participation), was allowed to expire on 13 August 2020 and replaced with a narrower authorization. Third, BIS expanded the scope of the Huawei FDPR (General Prohibition Three) to cover foreign-produced items when a footnote 1 entity is a party to any transaction or when the item will be used in the production or development of products for any footnote 1 entity, closing the design-house loophole that had allowed TSMC to supply HiSilicon/Kirin chips as long as Huawei was not the direct importer.