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ARTICLE · 09 NOVEMBER 2022

BIS Publishes FAQs For Export Controls On Semiconductor And Advanced Computing Items Destined To China

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On October 28, 2022, the US Department of Commerce's Bureau of Industry and Security (BIS) published its first round of Frequently Asked Questions and Answers (FAQs) on the interim final rule announced...

GlobalInternational Law
John Barker
John Barker
Soo-Mi Rhee
Soo-Mi Rhee
Trevor G. Schmitt
Trevor G. Schmitt
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On October 28, 2022, the US Department of Commerce's Bureau of Industry and Security (BIS) published its first round of Frequently Asked Questions and Answers (FAQs) on the interim final rule announced on October 7, 2022 regarding "Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification" (October 7, 2022 Rule). (For a discussion of the October 7, 2022 Rule, please refer to our prior Advisory.)

The FAQs cover the following topics: (1) application of the rule to Hong Kong and Macau; (2) definition of the term "facility"; (3) deemed exports and reexports; (4) restrictions on US person's activities; (5) validity of previously issued export licenses; and (6) encryption controls. Overview of key points for each of these areas addressed in the FAQs are discussed below.

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