Implementation Rules for the Revision of Export Controls on Advanced Computing Integrated Circuits and Due Diligence Measures in the United States

Key Chapter Title List

1. Background
2. Overview of This Interim Final Rule
3. Revisions to the Export Administration Regulations (EAR)
4. Public Comments
5. Savings Clause
6. Authority under the Export Control Reform Act of 2018
7. Rulemaking Requirements

Document Introduction

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) has issued an interim final rule amending the Export Administration Regulations (EAR). The core objective is to strengthen national security controls in the field of advanced computing integrated circuits while providing clear supply chain compliance guidance for wafer foundries and Outsourced Semiconductor Assembly and Test (OSAT) companies. This rule responds to public demands for more detailed due diligence procedures, aiming to prevent the diversion of related technologies for activities that threaten U.S. national security and foreign policy objectives.

The rule's introduction is directly related to the technological development strategies of countries of concern, such as China. BIS believes that advanced computing integrated circuits and supercomputing capabilities are key enablers for China's advancement in high-performance computing systems, AI model development, and military capabilities. The proliferation of such technologies could exacerbate security risks in areas like weapons of mass destruction and autonomous weapons, necessitating export controls. This revision supplements and refines multiple related rules issued since October 2022, specifically addressing issues such as difficulties in verifying technical parameters and insufficient identification of diversion risks present in previous controls.

The core modifications of the rule encompass seven major categories: adjustments to the Advanced Computing Authorization (AIA) and Advanced Computing Manufacturing (ACM) license exception provisions; addition of a list of approved integrated circuit design houses and OSAT companies; establishment of reporting requirements and Know Your Customer (KYC) forms for front-end manufacturers targeting authorized design houses; standardization of procedures for adding, removing, or modifying entries on the relevant Entity List; supplementation of key term definitions; clarification of the scope of ECCN 3A090; and revisions and clarifications to the Foreign Direct Product Rule (FDP IFR) issued in December 2024. The approved Entity List includes globally renowned companies such as Intel, NVIDIA, and TSMC, providing a clear basis for compliant transactions.

Regarding implementation, the rule becomes effective on January 16, 2025, but relevant entities must complete compliance adjustments by January 31, 2025. The deadline for public comment submission is March 14, 2025. Concurrently, BIS has extended the comment period for the FDP IFR issued in December 2024 to the same date to allow all parties sufficient time to assess the rule's impact. The rule's formulation strictly adheres to the Export Control Reform Act of 2018, balancing national security objectives with compliance facilitation. By utilizing verifiable technical metrics (e.g., node, transistor count) and phased compliance requirements, it establishes a more precise and efficient export control system.