Joe Pasetti

On February 4, the U.S. House of Representatives passed the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act by a vote of 222-210. The bill was introduced on January 25 as the House companion to the Senate’s USICA.

On June 8, the White House released its report directed under the February 24 Executive Order 14017 to secure America’s supply chains. Among those critical products, the Department of Commerce conducted the review of semiconductor manufacturing and advanced packaging.

As the United States government has expanded semiconductor-related export controls, companies in the global electronics manufacturing and design supply chain have had to spend considerable time and effort navigating restrictions and managing significant new uncertainties emanating from recent policies. On November 9, SEMI submitted comments to the Department of Commerce’s Bureau of Industry and Security (BIS) urging the agency to proceed cautiously and adopt regulatory best practices and microelectronics industry recommendations to ensure that its identification of foundational technologies does not restrain U.S. innovation and exports without furthering essential U.S. national security interests. The comments specifically respond to the August 27 Advance Notice of Proposed Rulemaking (ANPRM), Identification and Review of Controls for Certain Foundational Technologies. The Export Control Reform Act (ECRA) of 2018 required BIS identify certain emerging and foundational technology that is “essential” to U.S. national security and requires such technology to be controlled to China and other nations subject to a U.S. arms embargo. Congress did not provide a specific definition for emerging or foundational technology, nor the term essential, further complicating the process to identify such technology.BIS has already implemented or proposed several emerging technology controls and the ANPRM starts the process to identify potential foundational technology controls. The SEMI comments focus on the fundamental question of how to define foundational technology, and are organized into three main sections: Requirements of ECRA Guidance from ECRA Regulatory best practices and industry recommendations Applying the statutory requirements and guidance, together with best practices and recommendations, to the identification of foundational technology indicates that most semiconductor-related technology, particularly semiconductor manufacturing equipment and materials, should be outside the bounds of the foundational technology initiative. In general, most technology related to semiconductor devices, manufacturing equipment, materials and design software is not essential to U.S. national security and, in cases where such technology does present material national security issues, it is generally subject to the U.S. list review process and multilateral controls. This technology is widely available outside the United States and due to substantial foreign availability, unilateral U.S. controls on such technology are likely to be ineffective in limiting its proliferation and harm U.S. development of or threaten U.S. leadership in this technology.While the SEMI comments focus on the effort to identify foundational technology, the recommendations and best practices apply in all export control contexts. Several of the statements pertain to policy in ECRA, including its imposition of controls to further specific essential U.S. national security interests only after full consideration of their impact on the economy.Other statements derive from factors ECRA requires BIS to consider, such as not seeking to control technology that’s already available outside the U.S. and not imposing controls that would harm U.S. technological development or leadership. An additional key factor is not imposing controls before multilateral controls are agreed to, nor when it is unlikely the relevant multilateral regimes will adopt similar controls, as is likely for technology that has been decontrolled by a regime.Finally, regulatory best practices suggest that technology-based controls should not be imposed when more targeted end-use or end-user controls can address national security concerns and duplicative controls in addition to recent, significant expansions of existing controls are unnecessary.SEMI is pleased to work with the U.S. Department of Commerce and other regulatory agencies, providing industry data, trends and perspectives to ensure export controls effectively serve national security interests without undue harm to technological development and leadership in this dynamic, globally competitive industry.Ways to Stay Connected and Learn MoreSEMI is committed to serving the global electronics manufacturing and design supply chain and present the collective voice of members to governments worldwide.The SEMI Global Update weekly newsletter provides updates on advocacy issues and technology trends and is available to all.Additionally, SEMI hosts live and virtual events that offer analysis and insights of geopolitical trends by industry experts, with the next opportunity to participate coming on December 3 with the SEMI CEO Webinar: Analyzing the Impact of the U.S. Election on the Microelectronics Industry.Joe Pasetti is Vice President of Global Public Policy and Advocacy at SEMI.

SEMI President and CEO Ajit Manocha has voiced his support for amendments the United States House of Representatives and Senate included in the Fiscal Year 2021 National Defense Authorization Act (NDAA) that would authorize important programs to support semiconductor manufacturing and research in the U.S.“SEMI is very pleased the House and Senate included in the NDAA provisions to support semiconductor manufacturing and research in the United States,” Manocha said. “The U.S. has not kept pace with the growth of semiconductor manufacturing abroad. The U.S. share of global semiconductor manufacturing capacity has been cut in half to just 12 percent over the past 20 years and is forecast to fall to 10 percent by 2023. We applaud the sponsors for their support, leadership and hard work to win House and Senate approval to increase federal government support for the industry. However, this is just the start of what needs to be done to reverse this 20-year decline. The CHIPS for America Act’s investment tax credit for new and expanded semiconductor manufacturing facilities is essential to provide a robust, transparent and reliable federal incentive that will be the foundation of renewed growth of U.S. fabs.”In addition to authorizing a new grant program, the House and Senate amendments would direct the Defense Department to create programs with the private sector to: Direct the Defense Department to create programs with the private sector to encourage the development of advanced, measurably secure microelectronics, Establish a Multilateral Microelectronics Security Fund the U.S., its allies and partners will use to reach agreements promoting consistency in their policies related to microelectronics, Direct the President to establish a subcommittee on semiconductor technology and innovation within the National Science and Technology Council, and Direct the Secretary of Commerce to establish a national semiconductor technology center and other important new programs. The House amendment would authorize an additional $1.2 billion for semiconductor research. Both the House and Senate are expected to complete debate and pass the NDAA bills this week.SEMI members operate semiconductor supply chain facilities across the U.S. Of the 25 states with at least one major facility, 18 boast large semiconductor manufacturing fabs and other facilities while seven offer semiconductor equipment and materials production. Operating for decades, many of these facilities are key pillars of local economies and underpin hundreds of small businesses that supply components and materials. The U.S. semiconductor supply chain accounts for about 240,000 high-skill and high-wage jobs nationwide.Joe Pasetti is Vice President of Global Public Policy and Advocacy at SEMI.

SEMI has urged government representatives around the U.S. and world to designate the semiconductor industry as an essential business so operations at companies across the chip supply chain can continue without interruption as the spread of COVID-19 continues. SEMI President and CEO Ajit Manocha assured the U.S. and global officials that SEMI members – the device makers and suppliers of chemicals, materials, components, design tools and equipment at the heart of chip manufacturing – “are employing all measures necessary to maintain the health and safety of their employees and local communities” to help contain the virus. Manocha last week sent letters to the governors of 16 states and the chairs of the National Governors Association, U.S. Conference of Mayors, National League of Cities, and National Association of Counties requesting consideration of the semiconductor industry as an essential business if shelter-in-place or similar orders are issued to curb the spread of COVID-19. More than half of U.S. states have imposed shelter-in-place or stay-at-home orders in the past month. The designation would allow SEMI members to maintain continuous operations to ensure that manufacturing of components for critical infrastructure equipment, the defense industrial base, and other vital technological products and services is not jeopardized. Semiconductors are the foundation of modern electronics and information technology and are critical in helping health workers effectively treat COVID-19 symptoms, Manocha told the officials. The devices also play a central role in containing its spread by enabling artificial intelligence (AI), data analytics, digital communications, telemedicine, robotics, remote health monitoring, telecommuting, online shopping and other digital services.Manocha urged state and local officials to follow guidelines issued on March 19 by the Department of Homeland Security (DHS) Cybersecurity Infrastructure Security Agency (CISA) identifying “manufacturers and supply chain vendors that provide hardware and software, and information technology equipment (to include microelectronics and semiconductors) for critical infrastructure as ‘essential critical infrastructure workers.’” Most states issuing shelter-in-place or stay-at-home orders have followed the DHS guidelines and/or separately designated the semiconductor industry an essential business. Likewise, other nations have recognized the power of technology in effectively containing COVID-19 and similarly designated the semiconductor industry an essential business.On March 27, SEMI, the Semiconductor Industry Associations in China, Europe, Japan, Korea, Singapore, Taiwan and the U.S., as well as several other trade associations in Asia issued a statement “calling on all governments to specify semiconductor industry operations as ‘essential infrastructure’ and/or ‘essential business’ to allow continuity in operations.” The global semiconductor supply chain forms a highly intricate network consisting of research, design and manufacturing operations. Operating restrictions in one region can compromise production in others, leading to inefficiencies and breakdowns that cascade across the supply chain.With semiconductors underpinning vital sectors of the global economy, the chip associations called on all global governments at all levels – central, states, provinces and localities – to help protect the uninterrupted operations of domestic semiconductor companies and their suppliers by applying the essential infrastructure or essential business designation.Joe Pasetti is Vice President of Global Public Policy and Advocacy at SEMI.

For the past several months, U.S. Department of Commerce officials have been developing proposals to amend the foreign direct product rule to require a license for the use of U.S.-origin semiconductor manufacturing equipment or technology in producing semiconductor devices for Huawei and its affiliates. Commerce has also advanced proposals to amend the de minimis rule to expand license requirements for shipments to Huawei and its affiliates of semiconductors produced outside the U.S. and incorporating minimal amounts of non-sensitive U.S. content.The expansion of both rules is among the many Huawei-related actions the administration is pursuing that include a government procurement ban, replacing Huawei equipment in rural U.S. networks, and prohibiting imports of technology and services from unspecified foreign adversary nations. The de minimis proposal was under final interagency review, and the direct product rule next in line for further action, when on February 18 President Trump issued a tweet saying that “The United States cannot, will not, become such a difficult place to deal with in terms of foreign countries buying our product, including for the always used National Security excuse, that our companies will be forced to leave in order to remain competitive.”Speaking to reporters later that day, the president, referring to chipmakers and Huawei, said “I think people were getting carried away with it… Things are put on my desk that have nothing to do with national security.”This week, SEMI President and CEO Ajit Manocha sent President Trump a thank-you letter for his comments and warned that the proposals could severely impact the U.S. and global semiconductor and electronics industries, create confusion and uncertainty in manufacturing supply chains, reduce investment in new capacity, and lead to the design-out of U.S. technology and U.S. components. SEMI also stressed that unilateral controls on U.S.-origin semiconductor devices, equipment, materials and technology could significantly and disproportionately harm U.S. companies, serve as a disincentive for further investments and innovation in the U.S., and impact non-U.S. companies as well. SEMI continues to work with policymakers to build awareness of the damaging and far-reaching effects of these proposals. The 2020 sales forecast for the global semiconductor manufacturing equipment market, excluding the U.S. (since the proposals only directly affect non-U.S. fabs), is approximately $53 billion. With U.S. producers accounting for roughly 40 percent market share, over $21 billion in U.S. equipment sales to non-U.S. fabs could be affected. Non-U.S. companies whose equipment incorporates U.S.-origin components and technology could also be impacted, and every fab worldwide using U.S.-origin manufacturing equipment or technology to produce items destined for Huawei would need to stop their use immediately and file for a license and/or remove U.S.-origin equipment and technology from production lines used for Huawei and its affiliates. The president’s remarks, along with the resignation of two key officials supporting the proposals, have created uncertainty around the next steps. SEMI is holding regular conference calls to keep members up to date and developing strong messages for members to use in their communications with government officials. SEMI Advocacy in Washington remains actively engaged with executive and congressional officials to ensure that U.S. export controls are narrowly tailored to specific national security concerns and applied at the multilateral level with major trading partners.Joe Pasetti is Vice President of Global Public Policy and Advocacy at SEMI.

The White House and House Speaker Nancy Pelosi announced that the United States has reached final terms on the U.S.-Mexico-Canada free trade agreement (USMCA). The USMCA provides important modifications and updates to the 25-year old North American Free Trade Agreement (NAFTA), and SEMI supports its timely ratification in the U.S. Congress. The USMCA includes significant provisions to protect continued innovation and North American market access across product design and manufacturing supply chains for the electronics industry. The agreement strengthens requirements for the protection and enforcement of intellectual property rights, including trade secrets. The U.S. microelectronics industry will benefit greatly from USMCA’s strong enforcement mechanism for the misappropriation of trade secrets including civil procedures and remedies, criminal penalties, and judicial procedures to prevent disclosure of trade secrets in litigation.The agreement also establishes new rules to enhance and protect digital trade to benefit companies of all sizes and consumers. The USMCA prohibits tariffs, taxes and other barriers to cross-border data flows and minimizes restrictions on where data can be stored and processed. These provisions establish important precedents for data and digital technology in future trade agreements. The USMCA aligns with SEMI’s core principles including open global markets, fair competition and the protection of intellectual property rights. Mexico and Canada are two of the United States’ most important trading partners, and strengthening the three countries’ mutual obligations under USMCA will greatly benefit SEMI members. SEMI welcomes final passage of the USMCA and the critical certainty it will bring to trade rules within North America going forward.Joe Pasetti is Vice President, Global Public Policy Advocacy, at SEMI.