The Bureau of Industry and Security’s recent semiconductor-related export controls could place large burdens not only on exporters but also on BIS enforcement, which will face a host of challenges trying to track whether certain countries have filled their allocated chip quotas, researchers said.
The U.S. is asking Malaysia to more closely track shipments of advanced semiconductors, including chips made by U.S. firm Nvidia, to make sure they’re not transiting the country before ending up in China in violation of U.S. export controls, the Financial Times reported. Trade Minister Zafrul Aziz said the U.S. is “asking us to make sure that we monitor every shipment that comes to Malaysia when it involves Nvidia chips,” according to the report. “They want us to make sure that servers end up in the data centres that they're supposed to and not suddenly move to another ship." Aziz also said Malaysia recently formed a task force to tighten regulations around the country’s data center sector, which relies on Nvidia chips.
American allies, including the EU, should introduce their own versions of the U.S. foreign direct product rule and the October 2022 U.S. persons controls that restricted additional sensitive semiconductor exports (see 2212210059), the Center for Strategic and International Studies said in a new report.
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It’s still unclear how the Trump administration will approach the Bureau of Industry and Security's artificial intelligence diffusion rule or any of the agency’s recently published proposed or interim final rules that haven’t yet taken effect, a Commerce Department official said.
The Bureau of Industry and Security is hoping to publish new guidance to clarify due diligence expectations for companies subject to the agency’s recent semiconductor-related export control rules, Commerce Department officials said this week. They also said the agency is hoping to expand its list of approved designers that will benefit from some licensing carve-outs for certain chip exports.
The Trump administration plans to substantially increase fines against companies that violate export controls, including against China, Commerce Secretary Howard Lutnick said this week. He also said the U.S. is planning to incorporate export control commitments into free trade deal negotiations as a way to incentivize trading partners to better restrict their sensitive technologies.
OpenAI, Google and other leading technology companies and organizations urged the U.S. this month to rework the Biden administration’s artificial intelligence diffusion rule, saying it places too many restrictions on American firms and its trading partners.
The Center for Strategic and International Studies this month published English translations of recently updated or proposed semiconductor-related export controls issued by the Netherlands and Japan. The new Dutch regulations (see 2501150057) “specify which types of equipment now require a license to be legally exported from the Netherlands, based on specific technology usage or performance thresholds,” CSIS said, while the Japanese document includes proposed rules for “tighter restrictions on chip testing and measurement equipment, computer-aided design software, materials, and semiconductors.”
The Bureau of Industry and Security could face significant challenges imposing and enforcing export controls against China if the Trump administration continues to slash government workers and resources, particularly in the national security sphere, a technology policy researcher said in a new report. The report said the U.S. needs to continue investing in efforts to close export control loopholes that allow China to acquire advanced artificial intelligence chips, but it also said that even “extremely aggressive” controls are unlikely to give the U.S. a large lead in the AI race.