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

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.

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.

The U.S. Treasury's Office of Foreign Assets Control (OFAC) issued a final rule amending 31 CFR § 560.540 of the Iranian Transactions and Sanctions Regulations (ITSR) to incorporate, with amendments, General License (GL) D-2 — originally issued on OFAC's website on September 23, 2022 — which authorizes the export, reexport, and provision of certain services, software, and hardware incident to communications over the internet to persons in Iran. The codification preserves the GL D-2 expansion (cloud-based services; third-country importation of hardware/software previously exported to Iran; ex-Iran installation, repair and replacement services; case-by-case licensing for internet-freedom activities) and updates the § 560.540 List of Services, Software, and Hardware Incident to Communications. Effective June 17, 2024, the List is amended to exclude laptops, tablets, and personal computing devices with an Adjusted Peak Performance (APP) exceeding 1 Weighted TeraFLOP (WT) — narrowing the consumer-electronics authorization to lower-performance devices and aligning the carve-out with broader BIS-style compute thresholds. The rule does not relax primary ITSR prohibitions; it codifies a humanitarian / internet-freedom exception while inserting a narrow high-performance-compute carve-out.

The US Bureau of Industry and Security (BIS) final rule (89 FR 41706; FR Doc 2024-10485) added 37 entities under 37 entries to the Entity List, all listed under the destination of the People's Republic of China. BIS designated these parties for one or more of three rationales: (i) shipping US-controlled items to Russia in violation of EAR controls, (ii) attempting to acquire US-origin items to support China's military modernisation or quantum-technology capabilities, and (iii) ties to the PRC high-altitude balloon that overflew the United States in late January–early February 2023. The designations span PRC technology companies (predominantly quantum-computing firms), manufacturing companies, and research institutes. License requirement is "all items subject to the EAR" with a policy of presumption of denial and no license exceptions available. The rule is effective 2024-05-09, with publication in the Federal Register on 2024-05-14.

The Indiana Economic Development Corporation approved up to USD 18.3 million in EDGE (Economic Development for a Growing Economy) payroll-based tax credits for Amazon Data Services Inc., tied to Amazon Web Services' USD 11 billion data center campus at the Indiana Enterprise Center in New Carlisle, St. Joseph County. The credit was one component of a larger state incentive package announced by Governor Eric Holcomb on 2024-04-25, which also included up to USD 55 million in Hoosier Business Investment tax credits, up to USD 20 million in redevelopment tax credits, up to USD 5 million in training grants, a USD 7 million road-infrastructure contribution, and a 50-year state sales-tax exemption on data center equipment. IEDC records cite an incentive-agreement effective date of 2023-09-01. The project committed to creating at least 1,000 new jobs.

The Indiana Economic Development Corporation approved up to USD 55 million in Hoosier Business Investment (HBI) tax credits for Amazon Data Services Inc., tied to Amazon Web Services' USD 11 billion data center campus at the Indiana Enterprise Center in New Carlisle, St. Joseph County. This is the largest single instrument in the five-part state incentive package Governor Eric Holcomb announced on 2024-04-25, which also included up to USD 18.3 million in EDGE payroll tax credits, up to USD 20 million in redevelopment tax credits, up to USD 5 million in training grants, a USD 7 million road-infrastructure contribution, and a 50-year state sales-tax exemption on data center equipment. IEDC describes all incentives as performance-based, claimable only once the underlying investment and job-creation commitments are verified. IEDC records cite an incentive-agreement effective date of 2023-09-01.

The Indiana Economic Development Corporation approved up to USD 20 million in redevelopment tax credits for Amazon Data Services Inc., tied to Amazon Web Services' USD 11 billion data center campus at the Indiana Enterprise Center in New Carlisle, St. Joseph County. This is the third of five distinct incentive instruments in the state package Governor Eric Holcomb announced on 2024-04-25, alongside up to USD 18.3 million in EDGE payroll tax credits, up to USD 55 million in Hoosier Business Investment tax credits, up to USD 5 million in training grants, a USD 7 million road-infrastructure contribution, and a 50-year state sales-tax exemption on data center equipment. IEDC records cite an incentive-agreement effective date of 2023-09-01.

The US Bureau of Industry and Security (BIS) issued an interim final rule (IFR) amending the Export Administration Regulations (EAR) to remove list-based license requirements — including National Security Column 1 (NS1), Regional Stability Column 1 (RS1) and Missile Technology Column 1 (MT1) reasons-for-control — for exports, reexports and in-country transfers to or within Australia and the United Kingdom. The IFR also expands the availability of license exceptions and reduces the scope of end-use and end-user-based license requirements for the two AUKUS partners, while leaving firearms-related items (Crime Control / CC) and a narrow set of other ECCNs untouched. The rule is the EAR-side companion to a parallel DDTC proposed rule creating an ITAR §126.7 exemption for defense articles and services traded among authorised AU/UK/US users, and is the foundational regulatory implementation of the AUKUS Pillar 2 advanced-capability cooperation track.

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.