On October 25, 2023, the Bureau of Industry and Security (BIS) issued an interim final rule in the Federal Register regarding, and titled, “Export Controls on Semiconductor Manufacturing Items.” It is also referred to as the “SME IFR.” The SME IFR addresses comments received in response to an interim final rule issued by the agency in October 2022. This earlier interim final rule was titled “Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification.” It is also referred to as the “October 7 IFR.”

In addition to addressing comments received, the SME IFR revises the Export Administration Regulations (EAR) to “expand and refine” the controls associated specifically with semiconductor manufacturing and semiconductor manufacturing equipment. Amendments include:

• Replacement of Export Control Classification Number (ECCN) 3B090 with expanded provisions in ECCNs 3B001 and 3B002;
• Revision of controls on certain activities of “U.S. persons”; and
• Expansion of the controls to any destination specified in Country Group D:5.

BIS is seeking public comment on the SME IFR, which is largely effective November 17, 2023. Comments are due to BIS by December 18, 2023.

The interim final rule can be found at this link or by carefully copying the URL and pasting it into your browser:

https://www.federalregister.gov/documents/2023/10/25/2023-23049/export-controls-on-semiconductor-manufacturing-items?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov

The October 2022 interim final rule can be found here:
https://www.federalregister.gov/documents/2022/10/13/2022-21658/implementation-of-additional-export-controls-certain-advanced-computing-and-semiconductor