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

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 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.

Statutory Instrument 5 of 2023, gazetted by Zimbabwe's Ministry of Mines and Mining Development, banned the export of unbeneficiated ("raw" / unprocessed) base mineral ores from Zimbabwe, widening the December 2022 lithium-only export ban (SI 213 of 2022) into a horizontal ban covering the entire base-minerals category — including lithium, chrome, copper, nickel and coal — while excluding precious metals, precious stones, oil and natural gas. Exporters need a written ministerial permit, granted only where compelling reasons show the ore cannot be beneficiated inside Zimbabwe, or for small assay samples. Non-compliance carries a level-9 fine or twice the mineral's value (whichever is greater), up to two years' imprisonment, or both. SI 5 was itself amended three months later by SI 57 of 2023, which layered lithium-specific citizenship and beneficiation-plant conditions onto this base order.