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On June 8, 2021, the White House published a set of reports on the 100-day interagency reviews (“Reports”) conducted pursuant to Executive Order 14017 (“Supply Chain EO”), which assessed supply chain risks and vulnerabilities for several supply chains, including those relating to semiconductor manufacturing and advanced packaging, and made policy recommendations to address those risks.

The Reports suggest that export controls on semiconductor-related equipment and technology can help protect the technological advantage of the United States in semiconductors by limiting the export of items that would contribute to the development of advanced semiconductor capabilities in countries of concern.  In particular, the Reports recommend that the US government:

  • Target and implement export controls that can support policy actions to identify and address vulnerabilities in the semiconductor manufacturing and advanced packaging supply chain;
  • Target and implement export controls on critical semiconductor equipment and technologies to address supply chain vulnerabilities; and
  • Collaborate and coordinate with key supplier allies and partners on effective multilateral controls.

The recommendations are broadly scoped, and the Reports do not recommend or preview more specific export controls that the US government might implement itself, or develop with its allies or partners.  However, the Reports are suggestive of several categories of items that might be targeted with enhanced export controls (e.g., additional export licensing requirements based on particular export control classification numbers).  In particular, the Reports identify significant competitive advantages enjoyed by US-based providers of electronic design automation tools and semiconductor intellectual property cores at the semiconductor design stage.  At the manufacturing stage, the Reports identify US strengths in the production of front-end semiconductor manufacturing equipment (e.g., etching, doping, deposition, and polishing or chemical mechanical planarization) and back-end testing equipment.  Companies that export such items will want to closely monitor any potential export control-related developments.

Key Takeaways

  1. The Reports recommend that the US government target and implement export controls on semiconductor-related equipment and technologies.
  2. Companies that export semiconductor-related equipment and technologies from the United States should monitor any potential export control-related development that follow from the Reports.
  3. Non-US companies that transfer semiconductor-related equipment and technologies to China may need to consider the potential impact of heightened multilateral controls on their business.

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Nicholas F. Coward focuses on outbound trade compliance matters including the extraterritorial application of US law, particularly US export control laws, anti-boycott regulations and trade sanctions/embargoes. In addition, his practice covers issues of corporate conduct such as the application of the Foreign Corrupt Practices Act and foreign bribery laws. His practice includes international transactional advice, the design and implementation of corporate compliance programs, compliance audits, internal investigations and representation in enforcement proceedings.


Daniel Andreeff is an associate in the Firm’s International Trade practice group in Washington, DC. Prior to joining the Firm, he interned with the Department of the Treasury’s Office of Foreign Assets Control.


Eunkyung Kim Shin is an associate of Baker McKenzie’s International Commercial Practice Group and the International Trade Compliance Sub-Practice Group in the Chicago office. Eunkyung advices clients on various regulatory compliance and trade issues, concentrating on the US export controls such as the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), economic and trade sanctions, US customs and import laws, the US Foreign Corrupt Practices Act (FCPA), and foreign anti-bribery laws.

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