On 8 November 2023, the Bureau of Industry and Security (BIS) of the United States Department of Commerce issued a final rule amending the Export Administration Regulations (EAR) to revise existing Validated End-User (VEU) authorisations in the People’s Republic of China for Samsung China Semiconductor Co. Ltd. and SK hynix Semiconductor (China) Ltd., updating Supplement No. 7 to Part 748 by expanding the scope of eligible items to all items subject to the EAR except extreme ultraviolet (EUV) equipment and specially designed parts, components, software, and technology necessary for the development or production of NAND memory for Samsung and dynamic random-access memory (DRAM) for SK hynix, with exclusions from Sections 744.6(c)(2)(i–iii) and 744.23(a)(1)(iii) and (a)(2)(iii), clarifying the heading of Supplement No. 7 to Part 748 to specify transfers as “in-country,” and making conforming amendments to Section 748.15 to provide that these restrictions do not apply to VEUs expressly excluded under Supplement No. 7, pursuant to statutory authority conferred under the Export Control Reform Act of 2018 (50 U.S.C. 4801–4852).
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