2 Analyses of this federal-register by attorneys

  1. The Commerce Department expands and clarifies the controls in the October 2023 Semiconductor Rules

    Hogan LovellsAjay KuntamukkalaApril 17, 2024

    ; identifies additional technical details to be included in NAC notifications; adds Extreme Ultraviolet lithography masks under ECCN 3B001.j and 3B991.b.2 to end-use scopes in 744.23 and 744.6; restores National Security controls to a number of ECCNs caught under .z subparagraphs; and clarifies public comments topics from the October 25, 2023 interim final rules. Comments on the new interim final rule will be accepted until April 29, 2024.On April 4, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (the April 2024 IFR) (89 FR 23876) to correct inadvertent errors and make additional clarification for the two interim final rules (IFRs) published on October 25, 2023—i.e., the “Export Controls on Semiconductor Manufacturing Items” IFR (the SME IFR) (88 FR 73424) and the “Implementation of Additional Export Controls: Certain Advanced Computing Items; Supercomputer and Semiconductor End Use; Updates and Corrections” IFR (the AC/S IFR) (88 FR 73458). Information on the SME IFR and the AC/S IFR is available here.Among various corrections and clarifications, the April 2024 IFR provided material revisions to: (i) remake License Exception NAC as two separate license exceptions, License Exception Advanced Computing Authorized (ACA) and License Exception NAC; (ii) clarify that the notification requirement for License Exception NAC applies to exports, and reexports to any destination when the recipient is headquartered in, or with an ultimate parent company headquartered in, Country Group D:5; (iii) add Extreme Ultraviolet (EUV) lithography masks under ECCN 3B001.j and 3B991.b.2 to the end-use scopes in 744.23 and 744.6; (iv) restore National Security (NS) controls to a number of ECCNs caught under .z subparagraphs; and (v) update license policy reviews to apply case-by-case review for certain activities covered by the “advanced-node integrated circuits” and semiconductor manufacturing equipment end-use controls in § 744.23 and U.S. Pe

  2. Hot Topics in International Trade - November 2023 - Overview of BIS’s Interim Final Rules, Export Controls for Advanced Computing, Supercomputing, and Artificial Intelligence

    Braumiller Law Group, PLLCMegan MohlerNovember 10, 2023

    advanced computing items, semiconductor manufacturing equipment, and items associated with the development and production of advanced technologies. The updates expand EAR jurisdiction to Macau and D:5 countries, introduce new ECCN changes, clarify US Person restrictions, and outline exclusions for certain activities. Furthermore, the introduction of License Exception NAC and Temporary General Licenses aims to provide tools to navigate the evolving landscape of global commerce and national security, ensuring a balance between economic interests and safeguarding sensitive technologies. Companies and U.S. persons must remain vigilant and informed to adapt to these evolving regulations and safeguard against potential risks and opportunities.1 Export Controls on Semiconductor Manufacturing Items, 88 Fed Reg 73424, published October 25, 2023, and Implementation of Additional Export Controls: Certain Advanced Computing Items; Supercomputer and Semiconductor End Use; Updates and Corrections, 88 Fed Reg 73458, published October 25, 2023