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.

The US Bureau of Industry and Security revised the Validated End-User (VEU) authorizations for Samsung China Semiconductor Co. Ltd. (Xi'an NAND fab) and SK Hynix Semiconductor (China) Ltd. (Wuxi DRAM fab) on 17 October 2023, expanding each from its previous restricted eligible-items list to cover "all items subject to the Export Administration Regulations." Both authorizations exclude EUV equipment and related components: Samsung China is barred from EUV items for NAND production; SK Hynix is barred from EUV items for DRAM production. The revision was published simultaneously with the broader October 2023 advanced- computing chip controls (FR Doc 2023-22560), giving the two South Korean memory fabs a calibrated safe harbour under the newly tightened regime.

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.

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.

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.

The UK government published its National Semiconductor Strategy on 19 May 2023, under Secretary of State Michelle Donelan at the newly established Department for Science, Innovation and Technology (DSIT). The strategy commits GBP 1 billion in long-run support to the UK semiconductor sector, explicitly focusing on the UK's identified strengths: chip design (Arm, Imagination Technologies, Dialog), compound and wide-bandgap semiconductors (III-V, SiC, GaN -- centred on the Cardiff/Newport cluster and IQE plc), and upstream academic R&D. Unlike the US CHIPS Act or EU Chips Act, the strategy explicitly declined to fund advanced silicon wafer fabrication at scale, acknowledging the prohibitive capital cost and the UK's lack of existing fab infrastructure at leading nodes. A UK Semiconductor Advisory Panel was established to guide delivery and assess emerging requirements. The strategy is enabled by the UK Subsidy Control Act 2022 (in force January 2023), which freed UK public authorities to grant large technology subsidies without prior EU Commission approval.

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.

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.