New China Chip Control FAQs Expected 'Shortly,' BIS Official Says
New frequently asked questions on the Bureau of Industry and Security's October China chip controls are “almost through their clearance process,” Sharron Cook, a BIS official, said during a Regulations and Procedures Technical Advisory Committee meeting this week. “Those should be up shortly,” she said.
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The agency issued its first set of FAQs on the chip rule last year, offering guidance on certain U.S. persons requirements, the definition of a semiconductor “facility,” license review policies and more (see 2210310044). The agency said it planned to release a rolling set of FAQs on the restrictions, but Thea Kendler, assistant secretary for export administration at BIS, said in January the FAQs were coming out “a little bit more slowly than I originally had hoped” (see 2301270026).
During the RPTAC meeting, Cook said companies should be “examining all transactions” to determine if any of their items meet the end-use and end-user controls outlined in the October rule. She also urged firms to “always look at your red flags, audit your supply chains to the extent possible to identify any U.S.-origin inputs in the production of the items, and obtain confirmation from suppliers regarding the origin of parts and components.” And “as always,” she said, “keep good records to back up your analysis of the transactions.”