Industrial Policy & Trade Monitor· 2665 actions· ✨ 90 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.

China's Ministry of Commerce and General Administration of Customs jointly announced an export licensing regime covering eight gallium-related items (including gallium metal, gallium arsenide, gallium nitride wafers and ingots) and six germanium- related items (including germanium metal, germanium oxide, germanium tetrachloride). Effective 1 August 2023, exporters must obtain a dual-use-item licence from MOFCOM citing the end-user and end-use, with licences granted at MOFCOM's discretion. The measure was framed as protecting national security and interests, though the timing immediately followed the Dutch ASML DUV controls and US chip-equipment escalations.

The Legislative Yuan of Taiwan (ROC) passed amendments to Articles 10-2 and 72 of the Statute for Industrial Innovation ("產業創新條例") on third reading on 7 January 2023. The amendment, internationally termed the "Taiwan Chips Act," is implemented from 1 January 2023 to 31 December 2029. Article 10-2 grants Taiwan-registered companies that occupy key positions in international supply chains a 25% investment tax credit on qualifying forward-looking innovative R&D expenditure (capped at 30% of the year's profit-seeking enterprise income tax payable), plus a 5% credit on the purchase of brand-new machinery or equipment used in own-account advanced manufacturing processes (also capped at 30%). Eligibility thresholds set by the Ministry of Finance require annual R&D spend of at least NT$6bn, R&D intensity (R&D / net operating revenue) of at least 6%, and an effective tax rate of at least 15% (12% for FY2023 only); the 5% equipment credit additionally requires equipment expenditure of at least NT$10bn. The measure is Taiwan's principal supply- side response to the US CHIPS Act, the EU Chips Act, the K-Chips Act, and Japan's METI subsidy programme, and is designed to retain TSMC, MediaTek, and other leading-edge silicon investment onshore as overseas subsidies pull capacity to Arizona, Kumamoto, Dresden, and elsewhere.