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On December 23, 2022, President Biden signed into law the National Defense Authorization Act for Fiscal Year 2023 (“FY2023 NDAA”). Section 5949 of FY2023 NDAA (“Section 5949”) would prohibit executive agencies from procuring or contracting with entities to obtain any electronic parts, products, or services that include covered semiconductor products or services from certain Chinese companies. The semiconductor prohibitions will not take effect until five years after the date of enactment, and the Federal Acquisition…

Following our first short video on some of the key trends and priorities the Biden Supply Chain Policy is driving for companies across sectors and industries, Baker McKenzie is pleased to launch the second in our Biden Supply Chain Policy video series focused on the semiconductor and advanced packaging supply chain. This is one of four critical supply chains that has been a particular focus of the Biden Administration’s supply chain policies.In this video, Kerry Contini…

On January 24, 2022, the US Department of Commerce (“Commerce”) issued a request for information (“RFI”) to gather input on incentivizing domestic semiconductor investments and accelerate chip research to “ensure a robust domestic semiconductor industry.” Comments must be received by 5:00 p.m. Eastern time on March 25, 2022. Specifically, with the assistance of the National Institute of Standards and Technology (“NIST”), Commerce is requesting information to inform the design and implementation of the potential programs…

On 19 October 2021, the EU Commission published its 2022 Work Programme (the “Programme“), which sets out the key goals that the EU Commission hopes to achieve in 2022. Chief amongst these is a desire to make “A Europe Fit for the Digital Age”, with a key proposal to achieve this being a possible “European Chips Act”. In the Programme, the EU Commission has stated that it will publish a proposal for a European Chips Act (the…

On September 24, 2021, the Commerce Department’s Bureau of Industry (“BIS”) published a “Notice of Request for Public Comments on Risks in the Semiconductor Supply Chain” (“Notice”). The Notice seeks responses from various parties in the semiconductor supply chain about current shortages and related issues. Comments in response to the Notice are due by November 8, 2021. The Notice was issued in response to a 100-Day Supply Chain Review (“Review”) of semiconductors and advanced packaging…

On June 8, 2021, the White House published a set of reports on the 100-day interagency reviews (“Reports”) conducted pursuant to Executive Order 14017 (“Supply Chain EO”), which assessed supply chain risks and vulnerabilities for several supply chains, including those relating to semiconductor manufacturing and advanced packaging, and made policy recommendations to address those risks. The Reports suggest that export controls on semiconductor-related equipment and technology can help protect the technological advantage of the United States in…

The Biden Administration has taken some initial steps towards identifying vulnerabilities in the semiconductor manufacturing and advanced packaging supply chain, which was one of the four critical supply chains addressed in President Biden’s February 24, 2021 Executive Order on “America’s Supply Chains” (“the Supply Chain EO”). As detailed in our March 2, 2021 blog post, the Supply Chain EO requires relevant government agencies in these four critical areas to submit a report within 100 days…