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

On 25 October 2023 the Bureau of Industry and Security published an interim final rule (88 FR 73424; FR Doc 2023-23055) making substantive revisions to the October 7 2022 advanced-computing IFR, incorporating 43 public comments covering 78 topics. The rule replaced the prior TOPS-based performance metric with a new "Total Processing Performance" (TPP) / performance-density dual-threshold structure for ECCN 3A090, splitting the control into tiers 3A090.a (full licence requirement for highest-capability datacenter AI chips) and 3A090.b (new License Exception NAC with 25-day prior notification for the intermediate tier). Geographic scope was expanded from China-and-Macau to Country Groups D:1/D:4/D:5 to block diversion via third-country intermediaries and offshore datacenters.

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.

Regulation (EU) 2023/1781, published in the Official Journal on 18 September 2023 and in force from 8 October 2023, establishes the EU Chips Act: a three-pillar framework targeting 20% of global semiconductor production by 2030 (up from approximately 9% in 2022) by mobilising EUR 43bn in public and private investment. Pillar 1 (Chips for Europe Initiative, EUR 3.3bn committed from EU budget) funds R&D, pilot production lines, and design infrastructure. Pillar 2 creates a fast-track permitting regime for "Integrated Production Facilities" (IPFs) and "Open EU Foundries" (OEFs) that qualify as being in the Union's interest. Pillar 3 establishes a supply-chain monitoring mechanism and grants the Commission power to mandate priority orders from designated facilities during a declared semiconductor crisis.

Decree-Law No. 104 of 10 August 2023 ("Decreto Asset" / Omnibus Decree, GU n.186 of 10 Aug 2023, in force 11 Aug 2023) was converted with amendments into Law No. 136 of 9 October 2023 (GU n.236 of 9 Oct 2023). The conversion law materially expanded Italy's "Golden Power" foreign-direct-investment screening regime (DL 21/2012). Two key extensions: (i) intra-group transactions involving entities outside the EU are no longer exempt from the exercise of special powers — only the prior notification carve-out was preserved; (ii) acts, resolutions and operations concerning intellectual-property rights in artificial intelligence, semiconductor production, cybersecurity, aerospace, energy storage, quantum and nuclear technologies, and food production technologies fall within scope when one or more counter-parties sit outside the EU. The Prime Minister also obtained an explicit veto power over transactions creating "exceptional situations" not already covered by sectoral or EU prudential / merger rules, including those touching qualifying holdings in the financial sector.

On 9 August 2023 the German Federal Cabinet adopted the government draft Wirtschaftsplan 2024 of the Climate and Transformation Fund (Klima- und Transformationsfonds, KTF) and the accompanying 2024–2027 financial plan. The plan envisaged ca. EUR 211.8 bn of programme spending across 2024–2027 (EUR 57.6 bn in 2024 alone), funded by national and European emissions-trading revenues plus federal grants, with major lines for semiconductor production (~EUR 4.0 bn in 2024), hydrogen industry build-out (~EUR 3.8 bn), building renovation (~EUR 18.9 bn), EEG renewables support (~EUR 12.6 bn) and electric mobility. The KTF is the principal German federal vehicle for co-financing the EU Chips Act state-aid envelope, IPCEI Hydrogen, decarbonisation contracts (Klimaschutzverträge) and other net-zero-aligned industrial-policy subsidies.

President Biden signed Executive Order 14105 on 9 August 2023, "Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern", establishing the first dedicated US outbound-investment screening regime. The EO directs Treasury to prohibit or require notification of US investments in Chinese (and Hong Kong, Macau) entities engaged in three categories of technology: (1) semiconductors and microelectronics, (2) quantum information technologies, (3) artificial intelligence systems. After a public-comment process, Treasury issued the final rule (31 CFR Part 850) on 28 October 2024, effective 2 January 2025.

The Knesset enacted the Law for Encouragement of Knowledge-Intensive Industry (Temporary Order), 5783-2023 on 25 July 2023; it took effect on publication in Reshumot on 31 July 2023 and is scheduled to remain in force through 31 December 2026. The law — informally the "Angels Law" — packages four tax incentives aimed at sustaining Israel's high-tech sector: a capital-gains-rate-equivalent tax credit for individuals investing in Israeli R&D start-ups, capital-gains deferral on reinvestment of proceeds from Israeli tech-company share sales, five-year amortisation of net acquisition costs when Israeli technological companies acquire other (Israeli or foreign) hi-tech companies, and a withholding-tax exemption on interest paid by Israeli high-tech companies to foreign financial institutions. Beneficiaries are limited to companies with Preferred Technological Enterprise (PTE) status or R&D Company designation under the Israeli Encouragement of Capital Investments Law.

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 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.

Japan's Ministry of Economy, Trade and Industry (METI) announced on 31 March 2023 amendments to the Foreign Exchange and Foreign Trade Act adding 23 categories of advanced semiconductor manufacturing equipment to the export-licensing list. The measure, effective from 23 July 2023, is the Japanese counterpart to the US October 2022 BIS rule (filed: 2022-10-07-us-bis-advanced-ai-chip-controls-china) and the Dutch DUV controls. Items covered span lithography (mostly ArF and KrF), deposition (CVD, ALD, sputtering), etch, and cleaning + advanced inspection — broadly the toolset used at ≤14/16nm logic, advanced DRAM, and advanced 3D NAND. The controls are formally non-discriminatory but in practice capture exports to China; non-China destinations get general licences.

The Korean National Assembly passed an amendment to the Restriction of Special Taxation Act (조세특례제한법, Act No. 19234) on 30 March 2023, promulgated 31 March 2023 and retroactive to 1 January 2023. The amendment enhanced the investment tax credit (ITC) for "national strategic technology" (국가전략기술) semiconductor facility investment: large companies receive a 15% ITC on qualifying capital expenditure (up from 8% in the December 2022 base version); small and medium enterprises receive 25%. An additional temporary 10% incremental credit applies for annual investment exceeding the prior 3-year average (effective 2023-2025). Internationally termed the "K-Chips Act," the measure directly mirrors the US CHIPS Act's 25% advanced- manufacturing investment tax credit. Principal beneficiaries are Samsung Electronics (Samsung Foundry plus DRAM/NAND capex of KRW 20-30 trillion per year) and SK Hynix (memory fabs at Icheon and Cheongju, HBM expansion). In the same session the National Assembly passed companion legislation on secondary-battery (EV) investment with equivalent credit rates. The Korean government projected annual tax savings for the semiconductor sector of approximately KRW 1-2 trillion.

BIS amended the Commerce Control List (CCL) under the Export Administration Regulations (EAR) to implement decisions agreed at the December 2021 Wassenaar Arrangement Plenary meeting, revising 16 ECCNs across computing, electronics, lasers, sensors, and aerospace domains. The most operationally significant change raised the Adjusted Peak Performance (APP) threshold for digital computers under ECCN 4A003.b from 29 to 70 Weighted TeraFLOPS (WT), reducing the licensing burden for high-performance computing exports to Wassenaar partner countries while preserving controls to non-partners. Corresponding revisions to License Exception APP (15 CFR Part 740) and License Exception Strategic Trade Authorization (STA) align the broader EAR framework with the updated multilateral thresholds.

BIS published an interim final rule on January 18, 2023 (88 FR 2821, FR Doc 2023-00888) extending to Macau the same advanced computing and semiconductor manufacturing controls originally imposed on China by the October 7, 2022 rule. The extension closes a diversion loophole created by Macau's status as a Special Administrative Region of China, applying equivalent license requirements for advanced computing ICs, equipment used in ≤14 nm logic and advanced NAND/DRAM fabrication, and supercomputer end-use restrictions. The rule also includes entity list modifications and took effect one day before Federal Register publication (January 17, 2023).

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.