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

The US Bureau of Industry and Security issued a final rule (RIN 0694-AK43, 91 FR 1684, signed 13 January 2026, effective 15 January 2026) revising the EAR license-review policy for exports of certain advanced-computing integrated circuits to end-users in China and Macau from a presumption of denial to case-by-case review. Eligibility is limited to commodities controlled under ECCN 3A090.a and 3A090.b with a Total Processing Performance (TPP) below 21,000 and total DRAM bandwidth below 6,500 GB/s — the band that covers NVIDIA H200 and AMD MI325X-equivalents and below. To qualify, exporters must certify (i) sufficiency of US supply such that the export will not delay domestic orders or divert foundry capacity, (ii) that aggregate TPP of advanced-node ICs exported to China or Macau will not exceed 50% of domestic shipments, (iii) compliance with end-use and end-user prohibitions, and (iv) prior performance review by a qualified independent third-party testing lab headquartered in the United States. The rule is the first material rollback of the October 2022 / October 2023 / December 2024 advanced-computing export-control architecture and operationalises the Trump-administration policy of trading H200-class chip access against Chinese cooperation on critical minerals, fentanyl precursors and Taiwan-strait restraint.

The US Bureau of Industry and Security (BIS) amended the Export Administration Regulations to remove three foreign-owned semiconductor fabs operating in China — Intel Semiconductor (Dalian) Ltd, Samsung China Semiconductor Co. Ltd, and SK hynix Semiconductor (China) Ltd — from the Validated End-User (VEU) Authorizations list (15 CFR Part 748). BIS framed the VEU program as a "loophole" that previously allowed these fabs to receive most US-origin chipmaking equipment, software and technology license-free, a privilege no US-owned fab in China ever had. After the effective date, every restricted shipment to these fabs will require an individual export license, reviewed case-by-case under the existing 2022/2023 advanced- computing controls. The rule is published as Federal Register document 2025-16735 (90 FR 42321), Docket BIS-2025-0555, RIN 0694-AK32.

South Korea's Ministry of Trade, Industry and Energy (MOTIE), in coordination with the Ministry of Strategy and Finance, announced on 15 November 2024 amendments to the Foreign Exchange Transactions Act and the Industrial Technology Protection Act introducing a notification + review regime for outbound investments by Korean firms in advanced semiconductor manufacturing or critical-component production in "strategic concern" jurisdictions, principally China. The regulation, effective 1 April 2025, requires Korean firms whose technology is designated as a "national core technology" (NCT) to obtain MOTIE approval before establishing or expanding overseas manufacturing facilities using that technology. The list includes Samsung's HBM, SK Hynix's DRAM/NAND advanced-node processes, and certain silicon-wafer technologies.

China registered the National Integrated Circuit Industry Investment Fund III Co., Ltd. ("Big Fund III") in Beijing on 24 May 2024 with RMB 344 billion (~USD 47.5 billion) of registered capital — the largest single capital raise of the three Big Fund phases (Phase I 2014: RMB 138.7bn; Phase II 2019: RMB 204bn). Nineteen state-owned investors contribute, led by the Ministry of Finance (17% / RMB 60bn) and the six largest state-owned commercial banks (ICBC, ABC, BoC, CCB ~6.25% each at RMB 21.5bn; BoCom RMB 20bn; PSBC RMB 8bn). Duration 15 years (24 May 2024 → 23 May 2039). The fund explicitly targets the chokepoints exposed by US BIS October 2022/2023/2024 controls — semiconductor manufacturing equipment, advanced memory (HBM/DRAM), AI accelerators, and third-generation compound semiconductors (SiC, GaN).

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 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 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 Defense Production Act of 1950 (Pub. L. 81-774, 64 Stat. 798, codified at 50 U.S.C. §§4501–4568) is the foundational US statute governing wartime and emergency industrial mobilization. Signed by President Truman on 8 September 1950 during the Korean War, the Act empowers the President to compel industrial priority-rated ordering (Title I / DPAS), authorize direct investment in domestic production capacity for critical industries (Title III), and conduct investment security review (Title VII, precursor to CFIUS). Reauthorized approximately 50 times, most recently extended through September 2025 by Pub. L. 115-263 (2018) and further extended under NDAA FY2026; it has been invoked by every Administration since 1950 and has accelerated dramatically since 2020 to target critical-minerals processing, semiconductor manufacturing, battery supply chains, biopharmaceuticals, and energy infrastructure.