The U.S. updated chip export controls announced this week will affect a number of chips marketed by Nvidia, the American semiconductor firm confirmed this week. Nvidia said it will face new license requirements for any of its integrated circuits exceeding certain performance thresholds -- including its A100, A800, H100, H800, L40, L40S and RTX 4090 -- along with any existing system that incorporates one or more of those integrated circuits, including potentially future products developed by the company.
The Russian invasion of Ukraine changed export compliance dramatically, said Howard Mendelsohn, chief client officer for Kharon, "where the onus is on industry like it’s never been before to sort of find a way to be proactive." Mendelsohn, whose firm provides risk intelligence to businesses, spoke at an OCR Services trade compliance conference Oct. 17 in Bethesda, Maryland, outside Washington, D.C. He said exporters have to be proactive on blocking reports and applying for licenses, and importers have to find another supplier.
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The Bureau of Industry and Security added 13 Chinese entities to the Entity List that are involved in developing advanced computing semiconductors that may be used for activities that threaten U.S. national security, the agency announced this week. Each of the entities will be subject to license requirements for all items subject to the Export Administration Regulations, including BIS foreign direct product rule restrictions. Licenses will be reviewed under a presumption of denial.
The Bureau of Industry and Security this week released a range of updates to its Oct. 7, 2022, China chip controls, unveiling two rules that will impose new license requirements on additional chips and chipmaking tools, make revisions to its U.S. persons restrictions, expand licensing requirements for exports of certain chipmaking items to U.S. arms-embargoed countries, create a new notification requirement and introduce other measures to address export control circumvention risks.
The U.S. has little room to expand sanctions against Hamas, but it could look to track down and designate additional front companies the terror group uses to fund its activities, said Jason Prince, former chief counsel at the Office of Foreign Assets Control. Although OFAC has general licenses in place to authorize a broad range of humanitarian-related transactions involving Palestine, Hamas’ designation as a foreign terrorist organization could make some financial institutions less willing to approve those aid-related transactions, Prince said.
The State Department’s Directorate of Defense Trade Controls should publish guidance and take other steps to help expedite approvals for marketing demonstrations and other “pre-delivery activities” that occur before a foreign military sale, industry officials told the agency during its Defense Trade Advisory Group plenary last week. Officials also gave a host of other recommendations aimed at addressing issues plaguing the FMS program, including fixes that could help other agencies understand when a license isn’t required.
The Bureau of Industry and Security this week will officially extend authorizations for South Korean semiconductor companies Samsung and SK Hynix to allow them to continue supplying certain controlled chip equipment to their Chinese factories. The move -- which formalizes authorizations that have applied to both companies since the agency issued its China chip rule Oct. 7, 2022 -- underscores the importance of the Korean chip industry to global semiconductor supply, BIS officials said.
The Treasury Department this week sanctioned two ship owners in Turkey and the United Arab Emirates, along with their two vessels, for transporting Russian oil sold above the global price cap set by the U.S. and its allies. The agency also issued a new general license authorizing certain transactions with the two sanctioned ship owners and, together with the Group of 7 countries and Australia, published a new price cap guidance and advisory outlining best practices for the maritime oil industry.
The State Department’s Directorate of Defense Trade Controls is drafting at least two rules to make “targeted revisions” to the U.S. Munitions List and is preparing to soon propose changes to its registration fees, said Timothy Betts, DDTC’s acting deputy assistant secretary. Betts also said the State Department is looking to hire a DDTC-dedicated attorney adviser and stressed the importance of defense companies having compliance buy-in from upper management.