Industrial Policy & Trade Monitor· 2662 actions· ✨ 89 recent

The US Bureau of Industry and Security revised the Validated End-User (VEU) authorizations for Samsung China Semiconductor Co. Ltd. (Xi'an NAND fab) and SK Hynix Semiconductor (China) Ltd. (Wuxi DRAM fab) on 17 October 2023, expanding each from its previous restricted eligible-items list to cover "all items subject to the Export Administration Regulations." Both authorizations exclude EUV equipment and related components: Samsung China is barred from EUV items for NAND production; SK Hynix is barred from EUV items for DRAM production. The revision was published simultaneously with the broader October 2023 advanced- computing chip controls (FR Doc 2023-22560), giving the two South Korean memory fabs a calibrated safe harbour under the newly tightened regime.

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).