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ARTICLE · 26 OCTOBER 2023

Commerce Imposes Significant New Controls On Advanced Semiconductors

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On October 17, 2023, the Commerce Department's Bureau of Industry and Security (BIS) released three rules amending the Export Administration Regulations...

United StatesInternational Law
Shiva Aminian
Shiva Aminian
Anne Borkovic
Anne Borkovic
Tyler D. Grove
Tyler D. Grove
Jingli Jiang
Jingli Jiang
Jaelyn Edwards Judelson
Jaelyn Edwards Judelson
Roy Liu
Roy Liu
Susan Kovarovics
Susan Kovarovics
Kimberly M Myers
Kimberly M Myers
Jonathan Poling
Jonathan Poling
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On October 17, 2023, the Commerce Department's Bureau of Industry and Security (BIS) released three rules amending the Export Administration Regulations (EAR) that significantly build on the October 7, 2022 semiconductor controls (the "October 7 Rule") and add several parties to the Entity List.

Those rules include the (1) Advanced Computing/Supercomputing Interim Final Rule (AC/S IFR); (2) the Semiconductor Manufacturing Equipment Interim Final Rule (SM IFR); and (3) the Entity List Additions Final Rule (EL FR). In its press release accompanying the rules, BIS explained that the rules are intended to "increase [the] effectiveness of our controls and further shut off pathways to evade our restrictions," particularly "to address, among other concerns, the [People's Republic of China's (PRC)] efforts to obtain semiconductor manufacturing equipment essential to producing advanced integrated circuits needed for the next generation of advanced weapon systems, as well

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