Navigating the New Export Maze: BIS Implements Additional Controls on Advanced Computing and Semiconductor Manufacturing Items

Morgan Lewis
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On October 19, 2023, the US Department of Commerce, Bureau of Industry and Security (BIS), unveiled two updated interim final rules concerning semiconductor manufacturing equipment and advanced computing items. The two regulations amend the Export Administration Regulations (EAR) by imposing further restrictions on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items while also offering some relief, including licensing relief, for previously unclear requirements related to items classified as EAR99 items under the Commerce Control List and activities involving US persons, support, facilitation, and certain advanced technologies.

BIS also clarified a number of definitions, responded to pending advisory opinions through the Supplemental Information process, and reemphasized the justification for unilateral action prior to the concurrence of US partners and allies.

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