U.S. FAQs concerning additional export controls, certain advanced computing and semiconductor manufacturing items from China
BIS will continue to accept public comments on the rule until December 12, 2022.
BIS will continue to accept public comments on the rule until December 12, 2022.
The Bureau of Industry and Security (BIS) of the U.S. Commerce Department released guidance in the form of “frequently asked questions” (FAQs) concerning the interim final rule amending the Export Administration Regulations (EAR) to implement controls on advanced computing integrated circuits, computer commodities that contain such integrated circuits, and certain semiconductor manufacturing items.
Read the FAQs [PDF 307 KB] (October 28, 2022)
Background
According to the BIS release, the advanced computing and semiconductor manufacturing equipment rule addresses U.S. national security and foreign policy concerns in two key areas:
- The rule imposes restrictive export controls on certain advanced computing semiconductor chips, transactions for supercomputer end-uses, and transactions involving certain entities on the entity list.
- The rule imposes new controls on certain semiconductor manufacturing items and on transactions for semiconductor development and production end uses.
The advanced computing rule was published as an interim final rule with a request for comments. Read TaxNewsFlash. While the advanced computing rule went into effect on the dates indicated (in October 2022), BIS will continue to accept public comments on the rule until December 12, 2022. BIS will use the public comments to revise or refine the rule if appropriate, and will also evaluate the questions and add to or amend the set of FAQs.
Topics covered
The FAQs are organized under the following headings:
- General questions
- Definitions
- Deemed exports/reexports
- “U.S. person”
- Licensing and license review policy
- Encryption
For more information, contact a professional with KPMG’s Trade & Customs services:
Doug Zuvich |
John L. McLoughlin |
Andy Siciliano |
Steve Brotherton |
Luis (Lou) Abad |
Irina Vaysfeld |
Amie Ahanchian |
Christopher Young |
Gisele Belotto |
George Zaharatos |
Andy Doornaert |
Jessica Libby Principal E: jlibby@kpmg.com |
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