U.S. Department of Commerce’s Bureau of Industry and Security Issues New Semiconductor Export Controls
In this article, the author examines new U.S. export controls targeting specified chips, chipmaking equipment, and related services.
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has issued sweeping new export controls under the Export Administration Regulations (EAR) aiming to cut off support for China’s advanced computing and supercomputing capabilities, with the new controls targeting specified chips, chipmaking equipment, and related services.
The BIS rule is the most significant expansion of semiconductor-related export controls in recent memory, if not the history of the EAR, and marks a decisive inflection point in the U.S. strategic competition with China.
Companies in the semiconductor industry should gauge their exposure to China-related risk, which could be present in oblique and non-obvious ways, and service providers to the industry should assess their risk exposure in light of the rule’s provisions regarding U.S. person “support” for restricted activities.
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“U.S. Department of Commerce’s Bureau of Industry and Security Issues New Semiconductor Export Controls,” by Anthony Rapa was published in the February 2023 edition of Pratt’s Government Contracting Law Report (Vol. 9, No. 2), an A.S. Pratt Publication, LexisNexis. Reprinted with permission.
This article was first published as a Blank Rome Government Contracts Navigator blog post on October 18, 2022.