The Bureau of Industry and Security (BIS) is revising the Export Administration Regulations (EAR) to provide additional due diligence procedures for advanced computing integrated circuits (ICs).
This interim final rule (IFR) aims to safeguard U.S. national security and support foundries and Outsourced Semiconductor Assembly and Test (OSAT) companies in complying with EAR provisions related to advanced computing ICs in the supply chain.
Additionally, the IFR updates and clarifies changes introduced in BIS’s December 2, 2024, IFR, titled “Foreign-Produced Direct Product Rule Additions, and Refinements to Controls for Advanced Computing and Semiconductor Manufacturing Items” (FDP IFR). It also extends the deadline for written comments on the FDP IFR to March 14, 2025.
“Preventing unauthorized parties from gaining access to our most advanced semiconductor technology is a BIS enforcement priority,” said Acting Assistant Secretary for Export Enforcement Kevin J. Kurland. “We will continue to use all of the authorities at our disposal, including investigations and Entity Listings, to counter PRC circumvention of our controls and hold violators accountable.”
Because existing Red Flags and Entity List designations did not fully ensure compliance, this interim final rule (IFR) imposes verifiable technical requirements (including new definitions) and broader license requirements to limit unauthorized access to advanced computing ICs.
It also establishes approved IC designer and approved OSAT lists, plus enhanced reporting obligations and license exceptions tied to entities that have proven trustworthy. BIS extended the deadline for comments on the FDP IFR to March 14, 2025, and set savings clauses for items already in transit or previously exempt.
Among other changes, the rules:
Filed on: 01/15/2025 at 8:45 am Scheduled Pub. Date: 01/16/2025 FR Document: 2025-00711 |
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