On December 5, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule in the Federal Register additional export controls for advanced computing, supercomputing, and semiconductor manufacturing-related items.
The interim final rule implements several changes to the Export Administration Regulations (EAR), including:
- New Foreign Direct Product (FDP) rules for “certain commodities to impair the capability to produce ‘advanced-node integrated circuits’”;
- Addition of controls for “certain high bandwidth memory important for advanced computing; and
- Clarification of controls on certain types of “software keys”.
The rule is effective as of December 2, 2024, though compliance with some of the published changes will be required on December 31, 2024.
The interim final rule can be found here:
https://www.federalregister.gov/documents/2024/12/05/2024-28270/foreign-produced-direct-product-rule-additions-and-refinements-to-controls-for-advanced-computing
A BIS Press Release announcing the changes outlined in the interim final rule can be found here:
https://www.bis.gov/press-release/commerce-strengthens-export-controls-restrict-chinas-capability-produce-advanced