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