A Bureau of Industry and Security rule released last week (see 2403290060) that updated and corrected portions of the agency’s October semiconductor export controls (see 2310170055) also added a new license exception and offered clarifications to export guidance issued by BIS over the last year. The changes take effect April 4, and comments are due by April 29.
The Bureau of Industry and Security on March 29 released an interim final rule to update, correct and clarify its October 2023 chip controls that placed new restrictions on exports of advanced semiconductors and semiconductor manufacturing equipment to China. The 186-page rule takes effect April 4 and seeks public comments on the changes by April 29.
The Census Bureau this week alerted export filers about two new license codes in the Automated Export System for License Exception Notified Advanced Computing (NAC), the exception introduced last year by the Bureau of Industry and Security for certain exports of semiconductors that fall just below the agency’s most recently updated chip control parameters (see 2311200042 and 2401030053). Companies using the license exception and exporting certain chips must submit notifications to BIS with data about the chip, including its total processing performance, the name of the exporter and other parties to the transactions, and the volume and value of the shipment.
The State Department’s Directorate of Defense Trade Controls will again change the export control threshold for certain high-energy storage capacitors to remove license requirements from capacitors that are widely commercially available and no longer provide military or intelligence advantages. The change, outlined in a final rule published March 25 and effective April 24, decontrols certain capacitors with a voltage rating of 500 volts or less.
The Bureau of Industry and Security this week eliminated some license requirements for exports of certain cameras, systems and related components, which the agency said will help U.S. exporters better compete with foreign firms and reduce licensing burdens. The final rule, released Feb. 22, also introduces a new control for certain high-speed cameras that BIS said pose proliferation risks.
A New York freight forwarder agreed to complete export compliance training, but won’t face a fine, after admitting to the Bureau of Industry and Security that it illegally shipped enterprise servers and switches to Iran on behalf of an Iran-based exporter.
Exporters and industry groups warned the Bureau of Industry and Security this month about placing new eligibility restrictions on License Exception Strategic Trade Authorization (STA) for several technologies critical to their businesses, saying that could disrupt their supply chains and saddle the agency with an influx of license requests. At least one company urged BIS to launch what it said is a much-needed review of its space-related export controls, which could benefit from the license exception but that haven’t been overhauled since 2017.
Technology companies, trade groups, think tanks and researchers urged the government to be cautious as it evaluates its semiconductor-related export controls and prepares new ones, warning that misguided restrictions could cede American technology leadership to China, hurt the competitiveness of U.S. companies and raise the complexity of an already fraught compliance landscape.
The U.S. may need to take stronger export control actions to stifle Chinese progress in artificial intelligence, including broader semiconductor-related restrictions, a U.S. congressional commission heard this week. But the commission was also warned about the dangers of overly broad controls on more emerging technologies, such as quantum, which experts said could hurt instead of help U.S. competition with China.
Electronics distribution company Broad Tech System and its president and owner, Tao Jiang of Riverside, California, pleaded guilty Jan. 11 to participating in a conspiracy to illegally ship chemicals made or distributed by a Rhode Island-based company to a Chinese firm with ties to the Chinese military, the U.S. Attorney's Office for the District of Rhode Island announced. Jiang and Broad Tech admitted to violating the Export Control Act and conspiring to commit money laundering.