New Updates for 20-Oct-2023

2023-10-20

Reading Time : 2 min

The OverRuled: Russia Trade Controls Resource Center has been updated with the following actions:

  • 17 Oct 2023 (UK):

    ​The Department for International Trade and Export Control Joint Unit published technical guidance for exporters in respect of the interception and monitoring prohibitions contained within the UK's sanctions regulations against Russia, Belarus, Myanmar (Burma), Syria and Venezuela. The guidance provides further clarity on the interpretation of 14 specific terms, which cover goods and software that could be used to intercept communications, as well as related services.

The OverRuled: China Trade Controls Resource Center has been updated with the following actions:

  • 17 Oct 2023 (BIS):

    ​BIS released three rules to modify and reinforce restrictions initially released on October 7, 2022, concerning advanced computing integrated circuits ("IC"), semiconductor manufacturing equipment, and supercomputing items.

    First, an interim final rule ("AC/S IFR") updates controls on advanced computing ICs and supercomputing items and expands them to cover all arms embargoed countries, including the PRC.

    Second, a separate interim final rule ("SME IFR") updates controls on semiconductor manufacturing equipment and again expands them to cover all arms embargoed countries, including the PRC.

    BIS is accepting comments on both interim final rules until December 18, 2023.

    Third, a final rule designated two PRC entities and their subsidiaries (a total of 13 entities) on the Entity List for being involved in the development of advanced computing ICs, which BIS determined can be used to provide artificial intelligence capabilities to further development of weapons of mass destruction, advanced weapons systems, and high-tech surveillance applications that create national security concerns.

  • 13 Oct 2023 (BIS):

    ​BIS revised the existing Validated End-User ("VEU") List for the PRC to align with prior temporary authorizations granted to Samsung China Semiconductor Co. Ltd. and SK hynix Semiconductor (China) Ltd. pursuant to the interim final rule issued on October 7, 2022.

    The updated VEU list confirms that these entities are authorized to receive 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 and overcomes license requirements in Section 744.6(c)(2)(i)-(iii) and Section 744.23(a)(1)(iii)/(a)(2)(iii), which apply to items destined to semiconductor fabrication facilities in the PRC that produce certain advanced chips.

    BIS noted that these amendments reflect close consultations between the United States and the Republic of Korea through various channels, including the Korea-U.S. Supply Chain and Commercial Dialogue ("SCCD") and the SCCD Working Group on Export Controls.

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