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

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).

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 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.

Effective 24 February 2022 — the date of Russia's full-scale invasion of Ukraine — the US Bureau of Industry and Security (BIS) published an interim final rule (87 FR 12226, FR Doc 2022-04300) adding sweeping new export license requirements under a new § 746.8 of the Export Administration Regulations (EAR). The rule requires a licence for any item in CCL Categories 3–9 (electronics, computers, telecommunications, sensors, lasers, navigation/avionics, marine, aerospace, propulsion) exported, reexported, or transferred to Russia, with a review policy of denial. Two new Russia-specific Foreign Direct Product (FDP) rules extend US jurisdiction to foreign-manufactured goods: the Russia FDP Rule (§ 734.9(f)) covers all foreign-made items using US technology/equipment destined for Russia, and the Russia-MEU FDP Rule (§ 734.9(g)) covers items destined to 47 designated military-end-user (MEU) entities with no licence exceptions available. All three restrictions carry a presumption of denial, making this the most sweeping peacetime expansion of the EAR since its modern codification.

Effective 17 August 2020 (published in the Federal Register 20 August 2020, Vol. 85 No. 162, FR Doc 2020-18213), BIS implemented three simultaneous measures targeting Huawei's global supply chain. First, 38 non-U.S. affiliates of Huawei Technologies Co., Ltd. were added to the Entity List with the most restrictive license review policy (presumption of denial) and designated under footnote 1, extending the Huawei-specific Foreign-Produced Direct Product Rule (FDPR) to their operations. Second, the Temporary General License (TGL), which since May 2019 had authorized limited ongoing transactions with Huawei (network maintenance, software updates, standards participation), was allowed to expire on 13 August 2020 and replaced with a narrower authorization. Third, BIS expanded the scope of the Huawei FDPR (General Prohibition Three) to cover foreign-produced items when a footnote 1 entity is a party to any transaction or when the item will be used in the production or development of products for any footnote 1 entity, closing the design-house loophole that had allowed TSMC to supply HiSilicon/Kirin chips as long as Huawei was not the direct importer.

The Export Control Reform Act of 2018 (ECRA, Subtitle B Part I of Pub. L. 115-232, the John S. McCain National Defense Authorization Act for FY2019, signed 13 August 2018 by President Trump, codified at 50 U.S.C. §§ 4801–4852) provides permanent statutory authority for the Export Administration Regulations (EAR), replacing the long-lapsed Export Administration Act of 1979 and resolving a decades-long gap in which the EAR operated on emergency authority alone. ECRA is the foundational parent statute of the modern US dual-use export-control regime: it authorises the Commerce Control List, the Entity List, the Unverified List, the Military End-User (MEU) List, the Foreign Direct Product Rule (FDPR), the emerging-and-foundational technology control framework (§1758), and BIS enforcement and civil/criminal penalty authority — the entire regulatory toolkit under which every BIS-administered export-control action filed in the IPTM register derives its legal authority. ECRA also codified ongoing US participation in the multilateral export-control regimes (Wassenaar, NSG, MTCR, Australia Group) and created the interagency Technology Alert List process.