Researchers who work with advanced computing chips, supercomputers, semiconductors, or integrated circuits may be impacted by these new rules.
On October 7, 2022, the Department of Commerce announced series of new export controls on advanced computing and semiconductor manufacturing items. The rules were updated on October 17, 2023. While the new export controls are largely targeted at the People’s Republic of China, including Macau and Hong Kong, (collectively “PRC”), the breadth and scope extend beyond the PRC. The controls are intended to restrict the PRC’s ability to obtain advanced computing chips, develop and maintain supercomputers, and manufacture advanced semiconductors.
A few of the highlights of the new rule:
- Adds certain advanced and high-performance computing chips and computer commodities that contain such chips to the Commerce Control List (CCL) - meaning a license will likely be required.
- Adds new license requirements for items destined for a supercomputer or semiconductor development or production end use.
- Expands the scope of the Export Administration Regulations (EAR) over certain foreign-produced advanced computing items and foreign produced items for supercomputer end uses.
- Adds certain semiconductor manufacturing equipment and related items to the CCL – meaning a license will likely be required.
- Adds new license requirements for items destined to to facilities that fabricate integrated circuits.
- Restricts the ability of U.S. persons to support the development, or production, of integrated circuits at certain facilities without a license.
- Adds new license requirements to export items to develop or produce semiconductor manufacturing equipment and related items.
Many entities in the PRC (including universities) are being added on a rolling basis to restricted parties lists administered by Department of Commerce. As a result, heightened due diligence is necessary when dealing with parties in the PRC. Contact the ECO for a screening of foreign parties (particularly in the PRC) that you wish to collaborate or otherwise deal with.