The Bureau of Industry and Security today will release a range of updates to its 2022 China chip rule, including new restrictions on several dozen additional chip tools and related items, updated export control parameters for chips used in artificial intelligence applications, a novel notification requirement for certain “gray-zone” chips that fall just below that updated threshold, a new license requirement for chip exports to companies headquartered in nations subject to a U.S. arms embargo and more. BIS also added 13 Chinese companies to the Entity List, effective Oct. 17, for developing advanced chips in ways BIS said are contrary to U.S. national security.
The Bureau of Industry and Security is amending the Commerce Control List to implement changes agreed to during the 2022 Wassenaar Arrangement plenary, the agency said in an interim final rule released this week. The rule, effective Oct. 18, includes control parameter changes and editorial revisions to more than 50 Export Control Classification Numbers across Categories 1-10 of the CCL. BIS also is seeking public comments on a change that would restrict the use of License Exception STA (Strategic Trade Authorization) for certain countries when exporting technology used to develop certain supersonic aero gas turbine engine components.
South Korean semiconductor companies Samsung and SK Hynix received assurances from the Commerce Department that they will continue to be allowed to supply certain chipmaking tools to their China-based factories, continuing authorizations they had received as part of Commerce’s Oct. 7 China-related chip export controls rule, Reuters reported Oct. 9.
The Biden administration needs to soon update its China-related chip export controls and apply “full blocking sanctions” to Huawei and China’s Semiconductor Manufacturing International Corp., top House Republicans recently said in a letter to National Security Adviser Jake Sullivan. Those measures and others will address what the lawmakers said has been a ”failure” by the administration and the Bureau of Industry and Security to properly enforce the Oct. 7 chip restrictions, which placed new license requirements on a host of chip-related exports and activities involving China.
The Bureau of Industry and Security added 49 entities, mostly from China, to the Entity List for shipping microelectronics to Russian consignees connected to the country’s defense sector. The entities are semiconductor companies, technology businesses, logistics companies and others, and also include companies based in Estonia, Finland, Germany, India, Turkey, the United Arab Emirates and the U.K.
Licensing work at sanctions and export control agencies likely will grind to a near halt in the event of a federal government shutdown Oct. 1, though enforcement activities at the Bureau of Industry and Security, Directorate of Defense Trade Controls and Office of Foreign Assets Control will continue -- if previous shutdowns are any guide.
LONDON -- The Bureau of Industry and Security hopes to publish the final version of its Oct. 7 China chip controls in October, said Liz Abraham, senior adviser for international policy at BIS.
China condemned the Treasury Department's additions of 28 entities, including various Chinese entities, on the Entity List for their acts violating U.S. national security. The U.S. "abuses unilateral sanctions" to undercut international trade rules, hinder normal trade exchanges and curb the "legitimate rights and interests of Chinese companies," the Ministry of Commerce said, according to an unofficial translation.
The U.S. unsealed an indictment this week against a Russian citizen and Hong Kong resident who helped illegally procure U.S. dual-use microelectronics with military applications for Russian end users. Maxim Marchenko used a network of shell companies to source the items from the U.S., DOJ said, giving false information to American distributors to assure them the products weren’t destined for Russia. Marchenko was charged with conspiring to defraud the U.S. along with money laundering, wire fraud and smuggling offenses.
The Bureau of Industry and Security needs more resources to investigate export control violations, Commerce Secretary Gina Raimondo said this week. She also said a potential government shutdown would be “crushing” for the agency’s enforcement efforts and work on semiconductor export regulations.