The US Revises EAR Regulations to Strengthen Control of Radiation - Resistant Integrated Circuits

On March 13, 2024, the U.S. Department of Commerces Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR), clarifying export control regulations for radiation-hardened integrated circuits and computers and telecommunications equipment containing such circuits. This revision aims to strengthen controls over technologies with significant military application potential.

Application Background of Radiation-Hardened Technology

Radiation-hardened technology is primarily used to protect semiconductor devices and integrated circuits in high-radiation environments. This technology is crucial for aerospace, military, and nuclear facilities, where electronic equipment must withstand extreme radiation to ensure mission success and long-term reliability.

New Radiation-Hardened Parameter Requirements

In this revision, BIS updated several Export Control Classification Numbers (ECCNs), including 4A001, 4A101, 5A001, 6A203, and 6A999, adding specific parameter requirements for radiation-hardened integrated circuits. These parameters ensure more precise classification and management of products involving radiation-hardened technology in export controls.

Revision of License Exception GOV

License Exception GOV (Government) typically allows specific government entities to export, reexport, or transfer certain items domestically without individual licenses. In the latest revision, BIS included radiation-hardened integrated circuits and related computers and telecommunications equipment under License Exception GOV, based on formal written instructions from the U.S. Department of Defense or the U.S. Department of Energy.

Additionally, to eliminate export control obstacles for US government (including Department of Energy and Department of Defense) official business, BIS expanded the application scope of license exception GOV by adding or Department of Energy. This means that exports of radiation-hardened integrated circuits and related equipment involving official business of either Department of Defense or Department of Energy may qualify for export without requiring a separate export license.

Finally, through the new clause 740.11(b)(2)(vii), BIS further authorized exporters, reexporters, or domestic transferors to export, reexport, or transfer microelectronics items to facilitate cooperation with U.S. government departments or agencies. This measure aims to promote collaboration between the U.S. government and the private sector while ensuring control over sensitive technologies.