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On December 18, 2020, the US Department of Commerce Bureau of
Industry and Security (BIS) announced the designation of 60
additional Chinese companies to its Entity List, including SMIC,
China s largest semiconductor manufacturer; over 25 affiliates
of China State Shipbuilding Corporation (CSSC); and several other
companies in a range of sectors (the Designations ). As
of that date, a license is now required for any export, re-export
or transfer of technology, goods or software of items subject to US
export controls for which any of the targeted entities is a party
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December 18, 2020 – On December 18, 2020,
the U.S. Department of Commerce, Bureau of Industry and Security
( BIS ) released a final rule that would add 77 new entities,
including Semiconductor Manufacturing International Corporation
Incorporated ( SMIC ), to the Entity List. All of the
newly added entities are subject to a license requirement for all
items subject to the Export Administration Regulations
( EAR ), even though some entities are subject to
different license review policies. Consistent with BIS s
clarification of the Entity List licensing requirements from
earlier this year, the license requirement will apply whenever any
US maximizes sanctions pressure on China with Entity Listing of 59 Chinese entities lexology.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lexology.com Daily Mail and Mail on Sunday newspapers.
items that are located in the US, even temporarily; and
non-US-origin items that contain more than a de minimis level of controlled US-origin content (for non-embargoed countries, this is 25% US origin content by value).
The ban applies only to the named affiliates and does not extend automatically to subsidiaries of listed entities. At the same time, transfer of goods, software or technologies to affiliates of named entities risk violating the sanctions if there is reason to know that a named entity could receive or have access to the items.
Parties desiring to export prohibited items to entities on the Entity List may apply to BIS for a license.
US Imposes Technology Transfer and Export Restrictions on Dozens of Chinese Companies, Including Top Chipmaker and Drone Manufacturer lexology.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lexology.com Daily Mail and Mail on Sunday newspapers.