Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 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).

In a final rule published at 89 FR 84766 (FR Doc 2024-23932), the US Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove BIS licence requirements on certain spacecraft and related items — including remote-sensing spacecraft and on-orbit servicing, assembly, and manufacturing (OSAM) items — for exports and reexports to Australia, Canada, and the United Kingdom. The rule is effective immediately on publication (23 October 2024) and is part of a three-rule package modernising the US space-related export-control regime (companion IFR 2024-23958 broadens controls relief for ~40 additional destinations; companion proposed rule 2024-23975 floats a new License Exception Commercial Space Activities). The AU/CA/UK carve-out builds on the trilateral National Technology and Industrial Base (NTIB) framework.

The Bureau of Industry and Security (BIS) issued a final rule on 16 October 2024 revising paragraph (c) of 15 CFR § 740.24 (License Exception Implemented Export Controls, "IEC") to update the version date of the IEC Eligible Items and Destinations table incorporated by reference and to replace the long URL pointing to that table with the simpler address www.bis.gov/IEC. The underlying table update — posted to the BIS website on 17 September 2024 — adds Denmark and Finland as IEC-eligible destinations and modifies the entries for Japan. License Exception IEC is the mechanism by which BIS authorises shipments of the September 2024 plurilateral export-control items (advanced semiconductor, quantum, and additive-manufacturing technologies) to destinations whose governments have implemented substantially equivalent controls.

Norway's Ministry of Foreign Affairs amended the Eksportkontrollforskrift (Regulations on the export of defence- related products, dual-use items, technology and services) to add a new national control list — Annex III ("List III") — for emerging and disruptive technologies not yet covered by the EU dual-use list. Exports of items on Annex III require a licence from the Ministry of Foreign Affairs regardless of destination, including a catch-all licensing obligation. Controls cover semiconductor manufacturing equipment (including dry-etch apparatus), enriched silicon/germanium substrates, high- performance integrated circuits, quantum computers above specified controlled-qubit thresholds, quantum software and technology, software/technology for reverse-engineering integrated-circuit layouts, and additive-manufacturing equipment for metal/alloy components. The amendment, announced 3 October 2024 and effective 1 November 2024 (with a one-month transitional period), aligns Norway with parallel national measures adopted by the United States (BIS 6 Sep 2024 emerging- technology IFR), the Netherlands, the United Kingdom, Japan, Spain, Denmark and Finland.

On 6 September 2024 the Dutch government announced an expansion of its national export-control measure on advanced semiconductor manufacturing equipment, bringing two additional ASML DUV immersion lithography systems — TWINSCAN NXT:1970i and NXT:1980i — under a Dutch national authorisation requirement for shipments to destinations outside the EU. The measure took effect on 7 September 2024 via a ministerial regulation published in Staatscourant 2024 no. 29008. Until this point those two older system variants were controlled extraterritorially through the US Foreign Direct Product Rule; the change transfers licensing authority from BIS to the Dutch government and aligns the Dutch national list more tightly with the perimeter set by the June-2023 measure on NXT:2000i+. ASML characterised the update as a "technical change" with no expected impact on its 2024 financials or longer-term outlook.

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 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 Bureau of Industry and Security (BIS) issued a final rule (FR Doc 2024-08622; Docket 240417-0112; 89 FR 30119) amending the Export Administration Regulations (EAR) to expand the product scope of two Foreign Direct Product (FDP) rules — the Iran FDP rule and the Russia/Belarus/Temporarily occupied Crimea region of Ukraine FDP rule in 15 CFR 734.9(f) — to cover the entirety of the Common High Priority List (CHPL), an HTS-6 list developed jointly with the EU, Japan and the UK that identifies items used in Russian weapons production. The CHPL scope adds basic commercial-grade microelectronics (integrated circuits, RF transceiver modules), test/manufacturing equipment for electronic components, and CNC machine tools to the perimeter, requiring a BIS licence when these foreign-produced items are exported, reexported or transferred to Iran, Russia, Belarus or occupied Crimea. The rule was issued in response to Iran's 13 April 2024 attack on Israel and Iran's ongoing military support for the Russian war in Ukraine; it became effective 18 April 2024 (Federal Register publication 22 April 2024) with a transit grace period for in-flight shipments until 20 May 2024.

The US Bureau of Industry and Security (BIS) final rule (89 FR 25503; FR Doc 2024-07760) added 11 entries to the Entity List under China (6), Russia (3), and the United Arab Emirates (2), effective 2024-04-11. The primary rationale for the Russia and UAE tranches — and at least one China entity (Shenzhen Jiasibo Technology) — is procurement of US-controlled dual-use aerospace and UAV components for Iran's Shahed- series UAV programme via the Iran Aircraft Manufacturing Industrial Company (HESA); those drones have been used against oil tankers in the Middle East and deployed by Russia in Ukraine. The remaining five China entities were designated for acquiring US-origin items to support China's military modernisation. The rule also adds one alias to the existing entry for Shanghai Biren Intelligent Technology Co., Ltd. This action was the first Entity List final rule published after BIS implemented the 50 Percent Rule for controlling foreign subsidiaries of listed entities.

On 9 April 2024, Türkiye's Ministry of Trade restricted exports of 1,019 tariff lines across 54 product groups to Israel — including cement, marble, sulphur, aluminium wire, ceramics, varnishes and mineral fertilisers — in response to Israel's conduct of the Gaza war and its refusal of a Turkish request to participate in aid airdrops. The government stated the restriction would remain in force until Israel declared an immediate ceasefire and allowed unimpeded humanitarian aid into Gaza. The measure was superseded three weeks later, on 2 May 2024, when the Ministry halted all exports, imports and transit trade with Israel across every product category.

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.

BIS final rule (FR Doc 2024-01408, 89 FR 4804, effective 23 January 2024) strengthens the EAR sanctions architecture against Russia and Belarus by adding 94 HTS-6 entries to the Russian and Belarusian Industry Sector Sanctions (§746.5/§746.8) — covering hand tools, parachutes, aircraft training simulators, and airplane/helicopter components — and expands the de minimis threshold for foreign-made goods incorporating US-origin 600-series and 9×515 items destined for Russia or Belarus. A parallel provision targets Iran's supply of unmanned aerial vehicles (UAVs) to Russia by adding HTS code 852910 (antennas and antenna reflectors) to the §746.7 Iran export-control list. The rule also refines Crimea licensing to permit exports supporting Ukrainian Armed Forces deployments in occupied territories.