U.S. comments deadline extended, export controls on certain advanced computing and semiconductor manufacturing items

Deadline for written comments extended on export controls on certain advanced computing and semiconductor manufacturing items in China

Deadline for written comments extended on export controls

The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce today released for publication in the Federal Register an interim final rule [PDF 262 KB] that extends the deadline for written comments on the interim final rule Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modifications to January 31, 2023 (from December 12, 2022). 

Background

BIS on October 13, 2022, published the interim final rule Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modifications. Read TaxNewsFlash

In the rule, BIS amended the Export Administration Regulations (EAR) to implement necessary controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items.

In addition, BIS expanded controls on transactions involving items for supercomputer and semiconductor manufacturing end uses. For example, the rule expanded the scope of foreign-produced items subject to license requirements for 28 existing entities on the entity list that are located in China.

BIS also informed the public that specific activities of “U.S. persons” that “support” the “development” or “production” of certain ICs in China require a license.

Lastly, to minimize the short-term impact on the semiconductor supply chain from the rule, BIS established a Temporary General License to permit specific, limited manufacturing activities in China related to items destined for use outside China and identified a model certificate that may be used in compliance programs to assist, along with other measures, in conducting due diligence.


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Steve Brotherton
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Luis (Lou) Abad
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Amie Ahanchian
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