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

The Bureau of Industry and Security added 36 entities — 35 in China, 1 in Japan — to the Entity List under a presumption of denial for all EAR-controlled items, effective December 16, 2022. The most consequential additions are Yangtze Memory Technologies (YMTC, simultaneously removed from the Unverified List), eight Cambricon AI-chip subsidiaries, and Shanghai Micro Electronics Equipment (SMEE), China's sole domestic lithography producer. Three existing entries were revised: CETC 13 and two affiliates gained a Footnote 3 Russian-military-end-user designation, bringing them under the Russia/Belarus Foreign Direct Product rule with a blanket denial policy.

The US Bureau of Industry and Security imposed broad new controls on the export of advanced computing chips, chipmaking equipment, and US-person services supporting Chinese semiconductor fabrication. The October 7 2022 rule blocked supply of GPUs above set performance thresholds (initially 600 GB/s interconnect / 4800 TOPS) to China and added end-use restrictions on manufacturing tools used in advanced (≤14/16 nm logic, ≤18 nm DRAM, ≤128-layer NAND) facilities, with a foreign direct product rule extending coverage globally.

The Bureau of Industry and Security (BIS) added 31 Chinese entities — including Yangtze Memory Technologies Co., Ltd. (YMTC), China's largest NAND flash manufacturer — to the Unverified List (UVL), suspending license exceptions and requiring end-user statements for all EAR-controlled items destined to these parties. BIS simultaneously removed nine Chinese entities previously on the UVL after successfully completing end-use checks. The rule also established a new 60-day UVL-to-Entity-List escalation clock and clarified that sustained host-government obstruction of end-use checks constitutes independent grounds for Entity List designation — a structural enforcement change aimed at closing China's pattern of blocking BIS post-shipment verification visits.

The Bureau of Industry and Security (BIS) amended the Commerce Control List (CCL) under the Export Administration Regulations (EAR) to implement four emerging and foundational technology decisions agreed at the December 2021 Wassenaar Arrangement Plenary meeting, pursuant to ECRA Section 1758. The rule adds new export controls on ultra-wide bandgap semiconductor substrates (gallium oxide Ga₂O₃ and diamond), ECAD software for Gate-All- Around Field-Effect Transistor (GAAFET) integrated circuit development, and Pressure Gain Combustion (PGC) technology for advanced gas turbine engines. Controls require a licence for items destined to countries listed in the NS:1 and AT:1 columns of the Commerce Country Chart; ECAD software controls (ECCN 3D006) have a delayed compliance date of October 14, 2022.

The CHIPS and Science Act (Public Law 117-167), signed into law by President Biden on 9 August 2022, appropriated $52.7 billion in direct semiconductor industry support: $39B in manufacturing incentives administered by the Commerce Department, $13.2B for R&D and workforce, and $0.5B for legacy-chip and supply-chain programs. It also created an Advanced Manufacturing Investment Credit (Section 48D) — a 25% refundable investment tax credit on qualified semiconductor manufacturing property. The law included a "guardrails" clause prohibiting recipients from expanding advanced-node capacity in countries of concern (most prominently China) for 10 years following award.

The Spanish Council of Ministers approved on 24 May 2022 the Strategic Project for the Recovery and Economic Transformation of Microelectronics and Semiconductors (PERTE Chip) within the framework of the Plan de Recuperacion, Transformacion y Resiliencia (financed in large part by NextGenerationEU funds). The package commits a public envelope of roughly EUR 12.25bn through 2027 across four lines: scientific R&D capacity (~EUR 1.165bn), chip design including fabless companies (~EUR 1.330bn), manufacturing-plant construction including front-end below-5nm and above-5nm fabs (~EUR 9.350bn), and dynamisation of ICT/electronics manufacturing including a venture fund for semiconductor startups (~EUR 0.400bn). The Sociedad Espanola para la Transformacion Tecnologica (SETT), formally constituted by Real Decreto 676/2024 of 16 July 2024, is the operational vehicle managing more than EUR 10.75bn of the envelope.

The Act on the Promotion of Ensuring National Security through Integrated Implementation of Economic Measures (Law No. 43 of 2022), enacted 18 May 2022, establishes a four-pillar framework: (1) supply-chain resilience for "specified critical products," (2) security of critical infrastructure, (3) state-backed development of "specified critical technologies," and (4) non-disclosure of nationally sensitive patents. A December 2022 Cabinet Order designated 11 product categories as specified critical products, including semiconductors, storage batteries, permanent magnets, cloud programs, LNG, critical minerals, machine tools, and aircraft parts. Competent ministries must publish stable-supply plans, can fund private-sector surveys, and may provide subsidies to qualifying firms.

The Wet veiligheidstoets investeringen, fusies en overnames ("Vifo Act") is the Netherlands' cross-sector statutory FDI screening regime. Adopted by the States-General on 18 May 2022 (Stb. 2022, 215) and entered into force on 1 June 2023 together with two implementing decrees (Stb. 2023, 173 — main implementing decree; Stb. 2023, 172 — decree defining the scope of "sensitive technology"), the Act establishes mandatory pre-closing notification and a security review by the Bureau Toetsing Investeringen (BTI, part of the Ministry of Economic Affairs and Climate) for transactions affecting (i) "vital providers" in critical infrastructure sectors — energy, transport, telecoms, port operators, banking infrastructure — and (ii) Dutch undertakings active in "sensitive technology", defined to include EU Reg 2021/821 Annex I dual-use items, military goods, and additional national-security technologies. The regime applies retrospectively to transactions completed after 8 September 2020. It is the foundational instrument under which the Dutch national export-control measures on ASML DUV immersion lithography (filed: 2023-06-30 and 2024-09-07) operate, and the Dutch peer of US CFIUS, EU Regulation 2019/452, the German AWG §§55-62, the French Décret 2014-479 / R. 151-1 et seq., and the UK NSI Act 2021.

METI committed 476 billion yen (~$3.3bn) in direct subsidies covering approximately half the construction cost of Japan Advanced Semiconductor Manufacturing K.K. (JASM), a purpose-built joint venture fab at Kikuyo Town, Kumamoto Prefecture. JASM shareholders are TSMC (86.5%), Sony Semiconductor Solutions (6%), Denso (6%), and Toyota Motor (1.5 %). The fab manufactures 12nm, 16nm, 22nm, and 28nm mature-node chips targeting automotive-grade, industrial, and IoT applications. A groundbreaking ceremony was held on 13 April 2022; the facility officially opened on 24 February 2024 and reached commercial production in December 2024. JASM represents Japan's first new leading-edge wafer fab in decades and the largest single foreign direct investment in Japanese manufacturing history.