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The US Department of Commerce Issues Notice of Proposed Rulemaking for CHIPS Act

Gabriel Bello Obando by Gabriel Bello Obando
March 31, 2023
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The semiconductor industry has long been a critical component of the US economy, using semiconductors in various products such as computers, smartphones, and automobiles. However, over the years, China has emerged as a dominant semiconductor market, posing a significant threat to the US semiconductor industry’s competitiveness. To counter this, the US government has boosted the domestic semiconductor industry’s competitiveness. One such initiative is the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act of 2022.

The CHIPS Act aims to provide funding opportunities for government contractors to increase the US semiconductor supply chain’s competitiveness and challenge China’s industry dominance. The US Department of Commerce has issued a Notice of Proposed Rulemaking (NPRM) to carry out Congress’s directives under the CHIPS Act. The NPRM proposes rules to ensure that grants, cooperative agreements, and other funding provided through the CHIPS for America program do not flow to the benefit of China or any other foreign country of concern.

The proposed rules establish national security guardrails to ensure technology and innovation funded by the CHIPS and Science Act are not used by adversarial countries against the US or its allies and partners for malign purposes. This is crucial as the semiconductor industry is vital in critical sectors like defense, telecommunications, and transportation. Any misuse of the technology could pose a significant threat to national security.

The NPRM also seeks to promote transparency in the funding process by requiring applicants to disclose any significant ownership interests or control by foreign entities. This ensures that foreign entities are not using the funds to gain undue influence or control over the US semiconductor industry.

The proposed rules are a significant step towards ensuring that the US semiconductor industry remains competitive and resilient despite growing global challenges. The public has until May 22, 2023, to submit comments on the proposed rule, which will further help the Department of Commerce refine the regulations.

In conclusion, the CHIPS Act and the NPRM proposed by the US Department of Commerce demonstrate the government’s commitment to boosting the domestic semiconductor industry’s competitiveness and ensuring that the technology and innovation funding through the program is not misused for malicious purposes. It remains to be seen how the industry and stakeholders will respond to the proposed rules, but it is clear that the US government is taking steps to ensure the industry’s long-term success.

The proposed rules come at a crucial time for the US semiconductor industry, as it faces various challenges, such as a shortage of semiconductor chips, rising global competition, and geopolitical tensions. The COVID-19 pandemic has also highlighted the industry’s critical role in various sectors, with the demand for semiconductors skyrocketing due to the shift towards remote work, online learning, and e-commerce.

However, the pandemic has also exposed the vulnerabilities of the global semiconductor supply chain, with disruptions in the supply chain leading to shortages of semiconductor chips. This has led to a renewed focus on strengthening the domestic semiconductor industry’s capabilities and reducing reliance on foreign suppliers.

The proposed rules are part of a broader effort by the US government to boost the domestic semiconductor industry’s competitiveness. In addition to the CHIPS Act, the government has also announced several other initiatives, such as the American Jobs Plan and the National Security Innovation Capital program, to strengthen the semiconductor industry’s capabilities and reduce dependence on foreign suppliers.

The semiconductor industry’s success is crucial for the US economy, as it plays a vital role in critical sectors such as defense, telecommunications, and transportation. The industry is estimated to contribute around $200 billion annually to the US economy and supports around 1.47 million jobs.

The proposed rules have received mixed reactions from industry stakeholders, with some expressing concerns about the potential impact on innovation and competition. However, others have welcomed the regulations as a necessary step towards safeguarding national security and promoting transparency in the funding process.

It remains to be seen how the proposed rules will be implemented and how they will impact the US semiconductor industry’s competitiveness. However, the US government is strengthening the industry’s capabilities and reducing reliance on foreign suppliers, which could have far-reaching implications for the global semiconductor market.

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