Industrial Policy & Trade Monitor· 2666 actions· ✨ 90 recent

China's Ministry of Commerce announced on 3 December 2024 (MOFCOM Announcement No. 46 of 2024) a formal ban on dual-use exports to the United States of gallium, germanium, antimony and superhard materials including diamond and cubic boron nitride. The measure also imposed strict end-use review on graphite exports to the US, with extra scrutiny of military end-uses. It came one day after BIS issued a major export- control package on 2 December 2024 expanding controls on Chinese semiconductor equipment and adding 140 entities to the Entity List, and was framed by MOFCOM as a national- security countermeasure.

The US Bureau of Industry and Security issued its largest single export-control package targeting China's semiconductor industry on 2 December 2024, with three layered measures (final rules published in the Federal Register 5 December 2024). First, controls on high-bandwidth memory (HBM) above set performance thresholds — blocking the memory architecture that is foundational to AI training. Second, additions of 24 semiconductor manufacturing equipment item types to the Commerce Control List, covering deposition, etch, ion- implant, advanced packaging, and metrology categories. Third, Entity List designations for 140+ entities, the bulk Chinese semiconductor companies + equipment makers + investment vehicles, including major Chinese fab tooling firms. The package triggered MOFCOM's same-day-following retaliation (filed: 2024-12-03-china-mofcom-ge-ga-sb-export-ban-us).

Premier Li Qiang signed State Council Decree No. 792 on 19 October 2024 promulgating the Regulations of the People's Republic of China on Export Controls for Dual-Use Items, with effect from 1 December 2024. The regulation, organised in six chapters and 50 articles, consolidates the previously fragmented nuclear / biological / chemical / missile dual-use control regimes into a single State Council framework operationalising the 2020 Export Control Law. It introduces a control-list / temporary-control / watchlist architecture, a statutory end-user / end-use commitment regime, transit / transhipment / re-export controls, extraterritorial reach over PRC items downstream, and explicit linkage to the Anti-Foreign Sanctions Law. On 15 November 2024 MOFCOM, MIIT, GAC and SCA jointly issued Announcement No. 51 of 2024 publishing the consolidated Dual-Use Items Export Control List with a unified five-character ECCN-style coding system, also effective 1 December 2024.

The US Bureau of Industry and Security (BIS) published an interim final rule (89 FR 80064; FR doc 2024-22587) amending the Export Administration Regulations (15 CFR 748.15) to expand the Validated End User (VEU) program with a new "Data Center VEU Authorization" pathway. The rule lets BIS pre-authorize specified data-center operators in third countries to receive advanced computing integrated circuits (ECCNs 3A090, 4A090 and related) and related technology without individual export licenses, conditional on vetted security plans, end-use monitoring, and reporting. Country Group D:5 destinations — China, Russia, Iran, Belarus, Venezuela, Cuba and 17 other arms-embargoed states — are categorically excluded. Eligible destinations include Egypt, Laos, Moldova, Oman, Pakistan, Qatar, Saudi Arabia, Turkmenistan, and the UAE — extending the US chip-equipment perimeter into a managed trusted-data-center channel for Gulf, MENA, and Central Asian AI build-out.

On 6 September 2024 the Dutch government announced an expansion of its national export-control measure on advanced semiconductor manufacturing equipment, bringing two additional ASML DUV immersion lithography systems — TWINSCAN NXT:1970i and NXT:1980i — under a Dutch national authorisation requirement for shipments to destinations outside the EU. The measure took effect on 7 September 2024 via a ministerial regulation published in Staatscourant 2024 no. 29008. Until this point those two older system variants were controlled extraterritorially through the US Foreign Direct Product Rule; the change transfers licensing authority from BIS to the Dutch government and aligns the Dutch national list more tightly with the perimeter set by the June-2023 measure on NXT:2000i+. ASML characterised the update as a "technical change" with no expected impact on its 2024 financials or longer-term outlook.

The US Bureau of Industry and Security issued a final rule on 5 September 2024 (effective 6 September 2024, published in the Federal Register on the same day as 89 FR 73285) establishing multilateral export controls on four categories of emerging technologies: (1) quantum computing items including quantum computers, related cryogenic / control / measurement systems, and certain quantum software; (2) gate-all-around field-effect transistor (GAAFET) production technology — the next-node semiconductor architecture beyond FinFET; (3) advanced additive-manufacturing equipment for metals + alloys; (4) certain biotech-related items added in a parallel rule on 12 September 2024. The rule operates without country exceptions for some categories, with multilateral coordination via Wassenaar + Australia Group + Nuclear Suppliers Group frameworks.

On April 4, 2024, the Bureau of Industry and Security published an interim final rule (89 FR 23876) providing corrections, clarifications, and targeted revisions to the October 2023 advanced-computing and semiconductor manufacturing equipment rules. The most substantive change splits the former License Exception NAC (Notified Advanced Computing) into two separate exceptions: NAC (retaining the 25-day prior notification requirement) and a new ACA (Advanced Computing Authorized) exception that permits certain shipments without advance notification. The rule also adds ECCN 4A090.b covering computers and assemblies containing advanced ICs, restores national-security controls to several ECCNs, and addresses various technical drafting errors from the October 2023 rules.