Mario Mancuso, Carrie Schroll and Jordan Young of Kirkland & Ellis LLP discuss updates and additions to technology controls relating to China and offer related takeaways.
Semiconductor chips are seen on a circuit board of a computer in this illustration picture taken February 25, 2022. REUTERS/Florence Lo/IllustrationOctober 17, 2022 - On Oct. 7, the U.S. Department of Commerce's Bureau of Industry and Security issued an interim final rule aimed at restricting export of sensitive technology to the People's Republic of China , specifically with respect to advanced computing, supercomputing, and semiconductor capabilities.
There will be a presumption of denial for most license applications relating to China, with limited exceptions for a case-by-case review . In these cases, the interim rule indicates that BIS will take into account factors such as the end users' "technology level, customers, and compliance plans" in its assessment of the license application. The license requirements will take effect on Oct. 21, 2022.The interim rule also serves as a notice that activities by U.S.
Additionally, the interim rule revises the already implemented Entity List FDP Rule. The revision does not alter the scope or requirements of the existing rule; however, it expands the rule to cover additional products for 28 Chinese entities that were included on the Entity List. The revision to the Entity List FDP rule is effective Oct. 21, 2022.In an effort to mitigate disruptions to semiconductor supply chains, BIS implemented a Temporary General License from Oct.
• The rule seeks to expand BIS' jurisdiction to non-U.S. companies, particularly through the new foreign direct product rules. Companies manufacturing wholly or in part outside of the U.S. will not be immune to these restrictions.
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