HYPOTHETCIAL SCENARIOS

Putting Your Encryption Compliance Roadmap into Practice: How to Resolve the Most Complex Advanced Semiconductor Classification and October 2023 Rule Challenges

May 15, 2024 11:45am

Hector Rivera
Director, Export and Sanctions Compliance
Qualcomm Technologies Inc.

Brian Falbo
Senior Counsel
Dell Technologies LLC

  • Applying licensing requirements for items controlled under ECCNs 5A002 or 5D002 that meet or exceed the performance parameters of the new ECCNs 3A090 or 4A090
  • Applying licensing requirements for mass market encryption hardware and software items controlled under ECCNs 5A992 or 5D992
  • Restrictions on US persons activities: US persons (citizens, permanent residents, asylees, and refugees) that support the development or production of integrated circuits (IC’s) in China now requires a license
    • What kind of ICs are involved?
    • What ECCNs are relevant?
    • Are any license exceptions available?
  • New foreign direct product rules focused on otherwise uncontrolled foreign-origin content for advanced computing and supercomputer-related applications in China
    • Expanded “Entity List FDP Rule” (§ 734.9(e)(2)
    • New “Supercomputer FDP Rule” (§ 734.9(i)
    • New “Advanced Computing FDP Rule” (§ 734.9(h)