New Rules Further Restrict China's Access To Semiconductor Technology

On December 2, 2024, the U.S. Department of Commerce Bureau of Industry and Security ("BIS") issued two new rules further restricting China's capability to produce advanced semiconductors. One final rule (the "Entity List Updates Rule") adds 140 entities to the BIS Entity List and assigns 16 entities the new Footnote 5 designation. Concurrently, an interim final rule makes several changes to the Export Administration Regulations ("EAR"), including adding new Foreign Direct Product ("FDP") rules, adding or modifying several Export Control Classification Numbers ("ECCNs") on the Commerce Control List ("CCL"), adding new license exceptions, and other revisions.

Interested parties may submit public comments to the interim final rule no later than January 31, 2025.