United States of America: Implemented Rule on Controls Related to Advanced Computing and Semiconductor Manufacturing including export restrictions

On 7 October 2022, the United States Commerce Department Bureau of Industry and Security (BIS) adopted a rule entitled "Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use". The rule restricts the sharing of information and export of technology related to semiconductors to China and other foreign companies. Firstly, the rule includes specific computing chips and technological goods that contain high-performance computing chips to the Commerce Control List, requiring any entity to verify if they must first obtain a licence to export it to other countries. Secondly, the rule amends the Export Administration Regulations to expand the BIS regulatory power over advanced computing, and supercomputer end uses items manufactured in foreign countries. Thirdly, the rule adds the equipment necessary for producing semiconductors to the Commerce Control List, obliging any entity to verify if they need an export licence to export any equipment that other countries could use to develop their semiconductor industry. The export restrictions outlined in the rule entered into force on the date of adoption.