The U.S. is pushing foreign governments to stop their semiconductor companies from servicing certain advanced chip tools under pre-existing contracts with Chinese customers, Bureau of Industry and Security Undersecretary Alan Estevez said.
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.
China’s Commerce Ministry urged the U.S. against placing new export controls on companies linked to Huawei after hearing the U.S. is reportedly considering adding them to the Commerce Department’s Entity List.
China’s Semiconductor Manufacturing International Corp. “potentially” violated U.S. export control laws by producing 7 nanometer computing chips with American equipment it obtained before the Bureau of Industry and Security imposed updated export controls on chip-making tools last year, BIS Undersecretary Alan Estevez said.
A trade association representing ASML, Applied Materials and other major semiconductor companies called on the EU to keep any new export controls narrowly targeted and abandon its plans for an outbound investment screening mechanism, saying new restrictions would be a “major interference” for the chip industry. It also cautioned European lawmakers about introducing new supply chain reporting obligations that would place too big a burden on industry.
Governments could eventually require companies to monitor their sensitive semiconductor equipment shipments by using location tracking features, which could help industry better conduct due diligence and improve government export enforcement, said Chris Miller, an expert on semiconductor technology policy and history.
Chinese semiconductor innovation could become “more difficult to assess” as Beijing grows more cautious about advertising its successes, which it fears could invite new U.S. export controls, said Paul Triolo, a China and technology policy expert.
American chip company Applied Materials has received multiple U.S. government subpoenas in recent months -- including one from the Bureau of Industry and Security -- asking for information about its exports to Chinese customers.
The U.S. may need new industry advisory committees to help it implement and maintain its semiconductor export controls against China, the Center for Strategic and International Studies said in a recent report.
Matthew Axelrod, the Bureau of Industry and Security's top export enforcement official, traveled to Germany last week to talk with European industry executives and enforcement officials about export controls and to speak at the 2024 Munich Security Conference. BIS said Axelrod “participated in several discussions regarding national security challenges facing the United States and its partners.” Matthew Olsen, head of DOJ’s National Security Division, and Paul Rosen, the Treasury Department’s assistant secretary for investment security, also attended.