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DOC/BIS RIN: 0694-AI94 Publication ID: Spring 2023 
Title: Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification 
Abstract:

In this rule, the Bureau of Industry and Security (BIS) is finalizing the changes to the Export Administration Regulations (EAR) in response to an interim final rule published on October 13, 2022, that implemented necessary controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items.  In addition, BIS expanded controls on transactions involving items for supercomputer and semiconductor manufacturing end uses, for example, the rule expanded the scope of foreign-produced items subject to license requirements for twenty-eight existing entities on the Entity List that are located in China. BIS also informed the public that specific activities of U.S. "persons" that ‘support’ the "development" or "production" of certain ICs in the PRC require a license.  Lastly, to minimize short term impact on the semiconductor supply chain from this rule, BIS established a Temporary General License to permit specific, limited manufacturing activities in China related to items destined for use outside China and is identifying a model certificate that may be used in compliance programs to assist, along with other measures, in conducting due diligence. BIS received forty-three comments in response to the interim final rule.  In this rule, BIS makes additional changes in response to the comments received on the interim final rule and additional changes identified by BIS that are needed in order to achieve the objectives of the October 13 rule.  

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 15 CFR 744   
Legal Authority: 50 U.S.C. 4801 to 4852   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  10/13/2022  87 FR 62186   
Interim Final Rule Effective  10/07/2022 
Interim Final Rule Comment Period End  12/12/2022 
Interim Final Rule  01/18/2023  88 FR 2821   
Interim Final Rule Effective  01/17/2023 
Interim Final Rule Comment Period End  01/31/2023 
Final Action  06/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Sharron Cook
Policy Analyst
Department of Commerce
Bureau of Industry and Security
2096/MS 2705, 14th Street and Pennsylvania Avenue NW,
Washington, DC 20230
Phone:202 482-2440
Email: sharron.cook@bis.doc.gov

Timothy Mooney
Department of Commerce
Bureau of Industry and Security
1401 Constitution Avenue,
Washington, DC 20230
Phone:202 482-3371
Email: timothy.mooney@bis.doc.gov