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

BIS created a new "Military End User (MEU) List" as Supplement No. 7 to EAR Part 744, adding the first tranche of 102 entities (58 in China, 45 in Russia) determined to pose an unacceptable risk of involvement in military end-uses or diversion to military end-users. The rule operationalises the pre-existing §744.21 MEU prohibition by creating a public positive list that triggers an EAR licence requirement for any item described in Supplement No. 2 to Part 744 when exported, reexported, or transferred to a listed entity in China, Russia, or Venezuela. The initial tranche is dominated by aerospace and defence companies.

The Bureau of Industry and Security added 77 entities (under 78 entries) to the Entity List via a December 22, 2020 final rule (FR Doc 2020-28031). The headline designation is Semiconductor Manufacturing International Corporation (SMIC) — China's largest contract chipmaker — for activities related to military-civil fusion (MCF), with a presumption of denial applied to all items uniquely required to produce chips at advanced nodes of 10 nanometers or below. The batch also covers entities that supported PRC militarisation of artificial islands in the South China Sea and entities implicated in human rights abuses against Uyghurs and other minorities in Xinjiang.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) on 9 October 2020 by removing forty (40) persons from the Unverified List (UVL) and simultaneously adding twenty-six (26) persons. The 40 removals were granted after BIS successfully completed end-use checks verifying bona fides or because the entities were no longer registered to do business in the country of listing. The 26 additions were imposed because BIS could not complete satisfactory end-use verification for reasons outside the US Government's control; entities added to the UVL must provide a signed UVL Statement before receiving items subject to the EAR, and licence exceptions are suspended for those shipments.

BIS published an interim final rule on 5 October 2020 implementing multilateral export controls on six emerging technology categories agreed at the December 2019 Wassenaar Arrangement Plenary meeting, revising Commerce Control List ECCNs 2B001, 3D003, 3E004, 5A004, 5D001, and 9A004. The six technologies are: hybrid additive-manufacturing/CNC machine tools; computational lithography software for extreme-ultraviolet (EUV) mask fabrication; wafer-finishing technology for 5 nm-node production; digital forensics tools that circumvent device authentication to extract raw data; software for monitoring and analysis of communications acquired from a handover interface; and sub-orbital craft. As the first of two US implementing actions for the 2019 Wassenaar Plenary, this rule elevated nascent commercial technologies into permanent CCL classifications enforceable against all non-EAR99 destinations.

The Department of Pharmaceuticals notified the Production Linked Incentive (PLI) Scheme for Promotion of Domestic Manufacturing of Critical Key Starting Materials (KSMs), Drug Intermediates (DIs) and Active Pharmaceutical Ingredients (APIs) on 21 July 2020 via Gazette Notification, with an outlay of Rs 6,940 crore (~USD 920m) over FY 2020-21 to FY 2027-28. The scheme covers 41 identified critical bulk-drug products across four target segments — fermentation-based (Key Fermentation; Niche Fermentation) and chemical synthesis-based (Key Chemical Synthesis; Niche Chemical Synthesis) — paying 20% incentive on incremental sales for fermentation-based products (years 1-4) tapering to 15% (year 5) and 5% (year 6), and a flat 20% over 5 years for chemically-synthesised products. The stated objective is to reduce India's ~70% bulk-drug import dependence on China by establishing greenfield domestic manufacturing capacity with at least 90% domestic value addition for fermentation products and 70% for chemical-synthesis products.

The Union Cabinet approved the Production Linked Incentive (PLI) Scheme for Large Scale Electronics Manufacturing on 21 March 2020, with the scheme notified in the Gazette of India on 1 April 2020. Total outlay: Rs 40,995 crore (~$5.5bn) over five years. The scheme extends incentives of 4% to 6% on incremental sales (over FY 2019-20 base year) to eligible companies manufacturing mobile phones (invoice value >= Rs 15,000) and specified electronic components including ATMP units. Approved beneficiaries include Samsung, Foxconn, Wistron, Pegatron, and Indian firms Dixon, Lava, and Bhagwati (Micromax).