Proposed U.S. guardrails around the Chips Act aren’t likely to stop semiconductor companies from applying for funding, Michael Schmidt, the Commerce Department official in charge of the program, said this week. While Semiconductor Industry Association CEO John Neuffer agreed, he also urged the government to coordinate any chip-related restrictions with trading partners or risk U.S. companies losing Chinese market share, calling the idea of decoupling a “protectionist fairy tale.”
Chip export news
Chip company ASML Netherlands may refuse job applicants who may not be able to comply with U.S. export regulations, an independent Netherlands human rights monitor ruled this month, saying the refusal doesn't violate Dutch anti-discrimination laws. The monitor said ASML is justified in not hiring applicants from certain countries to positions where they could access U.S.-controlled dual-use technologies, according to an unofficial translation of the judgment, otherwise ASML could face “major risks of sanctions” from the U.S.
The U.S. should launch a new office within the Bureau of Industry and Security to measure the intended and unintended impacts of export controls on global supply chains before they are implemented, technology policy experts said in a new Atlantic Council report this week. This could help the U.S. better calibrate its trade restrictions so they don’t alienate allies and hurt American competitiveness, the report said, and could ultimately better convince trade partners to join in on the controls.
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The EU is preparing to revamp its dual-use export control regime to better target emerging technologies, said Jean-Charles van Eeckhaute, a senior European Commission official. Van Eeckhaute said the commission already has begun work on a new list of dual-use technologies -- which the bloc hopes to finalize by September -- that may warrant new restrictions.
China’s recent restrictions on Micron products are having broader than expected consequences for U.S. exporters, a trade industry conference heard last week, and may portend how future Chinese retaliatory actions will affect U.S. companies.
The Bureau of Industry and Security is working “day-in and day-out” on a final rule that will make tweaks to its China-related chip export controls released in October (see 2210070049), said BIS Senior Export Policy Analyst Sharron Cook. But a public release of the rule isn’t imminent -- the agency hasn’t yet sent the changes to be reviewed by other agencies, said Hillary Hess, regulatory policy director at BIS.
The EU this week released an economic security strategy, detailing plans to improve export controls over sensitive technologies and study whether it needs better guardrails around inbound investments and new restrictions around outbound investments. The strategy could lead to new proposals surrounding export controls and investment restrictions by the end of the year.
Even as Europe comes to see China as a systemic rival, the entanglement of the German and Chinese economies continues unabated, and what "de-risking" should look like is hotly contested, witnesses told the U.S.-China Economic and Security Review Commission at a hearing late last week.
Although the Bureau of Industry and Security last month said it doesn’t have a draft rule in place to increase export licensing requirements for Huawei, exporters would be wise to still expect a tightening of restrictions against the Chinese telecommunications company, industry officials said this week. They also didn’t rule out BIS soon increasing export controls against China in other ways, including by potentially adding more items to the scope of its military end-use and end-user (MEU) rule requirements.