On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations.Continue Reading At Long Last, Final Rule for Outbound Investment Regulations Published
The Semiconductor Moment
- Semiconductors are the only commodity that are as ubiquitous and as heavily regulated.
- Semiconductors are unique: nothing so common is as tightly controlled, and nothing so tightly controlled is as common.
- But this puts the industry in an extremely complex position.
- Other industries may ask . . . are we next?
China Semiconductor Export Regulations, Episode III – What a Difference a Year Makes
Key Takeaways
- Advanced Computing and Supercomputing ECCNs are expanded.
- Controls applied to exports to countries other thanChina; countries from where items may be reexported to China.
- Chipmaking equipment controls are expanded and the de minimis rule reduced.
- New entities are added to the U.S. Entity List with the Footnote 4 (FN4) FDPR designation.
- More U.S.-person activity is controlled.
Breaking the Link – New Developments on U.S. Licenses for Exports to Huawei
It looks like the licensing restrictions on Huawei are trickling into effect.
Our sources indicate that, as early as February 27, all license applications for exports or transfers involving Huawei which were pending with the U.S. Bureau of Industry and Security (BIS) have been placed on Hold Without Action. Further, we understand from various industry sources that BIS has begun informing certain U.S. companies that they will not receive further licenses to export chips for end use by Huawei.Continue Reading Breaking the Link – New Developments on U.S. Licenses for Exports to Huawei
Tightening the Cordon – U.S. Restricts Licensing Policy and Adds Allies to Technology Controls
Update and Correction: We had understood that the date for the announcement of a regulatory change would be February 13. That understanding is (pretty obviously, now, on February 14) incorrect. We still believe the change is imminent and will update as soon as we have further information.
Key takeaways
- Soon, the U.S. government will officially issue a stricter policy of denial for providing lower-tech items to Huawei.
- Technological containment continues as the Netherlands and Japan move to impose U.S.-style restrictions on semiconductor exports to China.
China Semiconductor Regulations, Episode II – The Curious Case of the American in a Chinese Chip Company
Key Takeaways
- U.S.-person personnel at Chinese chip manufacturers are in a precarious position.
- New rules limit what activities those persons may undertake with respect to their work.
- However, there are ways they can nevertheless contribute to their companies, maintain their citizenship status, and comply with applicable U.S. law.