Source: International Electronic Commerce Author: International Electronic Commerce Comprehensive Report
International e-commerce news: On January 17, 2023 local time, the Biden government of the United States announced the implementation of new export controls on the Macao Special Administrative Region of China. According to the latest news published in the Federal Register of the United States, the export control is the Export Administration Regulation (EAR) issued by the United States Bureau of Industry and Security (BIS) under the United States Department of Commerce on October 7, 2022, in order to further improve it.
On January 17, local time, the Biden government of the United States extended its control of Chinese chips to Macao. Source: Federal Register of the United States
The EAR issued by BIS on October 7, 2022 is considered to be a semiconductor export control policy for China. At that time, BIS added restrictions on the export of chips and related production tools to China on the grounds of national security, and the restrictions included the following:
BIS will control China‘s regulations on purchasing or manufacturing advanced chips and developing supercomputer capabilities.
BIS will add new license requirements to the export of Chinese chip factories. Wafer factory licenses owned by Chinese entities will face the "presumption of refusal", while those owned by multinational companies will be determined according to specific circumstances. The key threshold is the 3D chip manufactured using FinFET or GAA architecture at or below the 16nm or 14nm node; DRAM chip with 18nm half-space or less; And 128 layers or more NAND flash memory chips.
BIS warned that it could still add more restrictions by including Chinese companies in its so-called "Entity List", thus effectively preventing their ability to purchase American semiconductors and production technologies.
According to the statement of the BIS, "if the host government prevents the BIS from carrying out the end-use inspection in time, we will add all parties to the unverified list; if the delay is serious, we will add them to the list of entities - to prevent any risk of US technology transfer that may damage the national security interests."
According to BIS, the acts of foreign governments preventing BIS from making compliance decisions will be included in the list of entities, thus affecting their companies‘ access to American technology.
The new regulation also clarifies that American citizens will limit the ability to support Chinese wafers to develop or produce chips without a license.
By January 17, 2023 local time, the BIS has further updated the rules, and the most prominent change is that the Macao Special Administrative Region of China has also been added to the restricted export area.
According to BIS, since Macao is a special administrative region of China, there is a potential risk that items subject to EAR will be transferred from Macao to Chinese Mainland. Therefore, the new rules also include Macao in the scope of export restrictions. After the implementation of the new rules, American enterprises need to obtain licenses to export to Macao.
BIS said that the revised EAR had been formally implemented on January 17, 2023.
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