The US Bureau of Industry and Security (BIS) is introducing* stringent export controls targeting advanced technologies essential to national security, particularly within the semiconductor, quantum computing, and additive manufacturing sectors. These controls include new and revised Export Control Classification Numbers (ECCNs) and specific restrictions on critical equipment and materials, such as those involved in Gate-All-Around Field-Effect Transistor (GAAFET) technology, Atomic Layer Etching (ALE), and Atomic Layer Deposition (ALD). The controls aim to safeguard U.S. technological leadership while harmonizing with international export control standards. Specific restrictions apply to high-precision wafer processing equipment and isotopically enriched materials used in quantum computing, reflecting the critical importance of these technologies. These measures ensure that while international collaboration continues, sensitive technologies remain protected under national security protocols.
BIS has introduced new export controls focused on advanced technologies, particularly in the semiconductor, quantum computing, and additive manufacturing sectors. These controls include new Export Control Classification Numbers (ECCNs), revisions to existing ones, and the addition of new license exceptions for countries with similar technical controls. This rule aims to protect national security and advance foreign policy objectives by aligning U.S. export controls with those of international partners. The controls cover a wide range of items, including quantum computing technologies and semiconductor manufacturing equipment, reflecting the critical importance of these technologies to national security. The rule is effective immediately, though there are delayed compliance dates for certain items, allowing businesses time to adjust to the new requirements.
BIS has also established a framework to differentiate between items controlled multilaterally and those controlled through Implemented Export Controls (IEC), which are harmonized with international partners. The new regulations include provisions for annual reporting, particularly concerning the deemed export of quantum technology and software, highlighting the global nature of innovation in these fields. The rule is designed to support U.S. technology leadership while ensuring that export controls do not impede international collaboration, particularly in areas like quantum computing, where global expertise is crucial. Comments on the rule and its potential impact on supply chains and compliance programs are invited, with a focus on refining the scope and clarity of the new ECCNs and license exceptions.
BIS specifies that the restrictions on GAAFET (Gate-All-Around Field-Effect Transistor) technology primarily focus on the "technology" required for the "development" or "production" of GAAFET structures. This includes process recipes and other detailed specifications necessary for fabricating these advanced semiconductor devices. These restrictions are captured under ECCN 3E905, which applies to the "technology" for GAAFETs but does not extend to vertical GAAFET architectures used in 3D NAND. The export, reexport, or transfer of this technology to certain countries requires a license due to its national security and regional stability implications. However, the rules include specific exceptions for existing collaborations and provisions for continued access under certain conditions.
The specific wafer processing technologies restricted for export include:
Dry Etching Equipment:
Equipment designed for isotropic dry etching, as well as anisotropic etching of dielectric materials. These include technologies that enable the fabrication of high aspect ratio features, with aspect ratios greater than 30:1 and a lateral dimension on the top surface of less than 100 nn.
The specific restrictions on Atomic Layer Etching (ALE) equipment are detailed under the export control regulations. The BIS has imposed controls on equipment designed or modified for anisotropic dry etching, which includes certain types of ALE equipment. These tools, particularly those using RF pulse-excited plasma, pulsed duty cycle excited plasma, and other advanced techniques, are now restricted due to their critical role in the precise fabrication of high-performance semiconductor devices. The restrictions apply to ALE equipment that is capable of producing high aspect ratio features, which are essential for advanced semiconductor manufacturing, making these tools subject to national security and regional stability controls .
Deposition Technologies:
Equipment designed for the selective bottom-up chemical vapor deposition (CVD) of tungsten fill metal, and other deposition processes such as those for tungsten nitride, tungsten, and cobalt layers. This also includes atomic layer deposition (ALD) equipment designed for area selective deposition of barriers or liners.
The restrictions on Atomic Layer Deposition (ALD) equipment are focused on several key types of equipment essential for advanced semiconductor manufacturing. Specifically, ALD equipment designed for area-selective deposition of barriers or liners using organometallic compounds is controlled. This includes equipment capable of area-selective deposition (ASD) that enables fill metal contact to an underlying electrical conductor without a barrier layer at the fill metal via interface to the conductor. Additionally, ALD equipment designed for depositing tungsten (W) to fill interconnects or channels less than 40 nm wide is also restricted. These restrictions are imposed due to the critical role these technologies play in the precision required for the fabrication of next-generation semiconductor devices.
These technologies are controlled under ECCNs (Export Control Classification Numbers) such as 3B001 and related classifications, and are subject to national security (NS) and regional stability (RS) controls.
The specific materials, chemicals, or precursors that are being restricted under the new export controls include:
These restrictions reflect the importance of controlling advanced materials that play a crucial role in emerging technologies, particularly those with significant national security implications, i.e., quantum technologies.
Epitaxial Materials: This includes materials with at least one epitaxially grown layer of silicon or germanium containing a specified percentage of isotopically enriched silicon or germanium. These materials are controlled due to their critical role in developing spin-based quantum computers.
Fluorides, Hydrides, Chlorides: Specific chemicals of silicon or germanium that contain a certain isotopic composition are also restricted. These chemicals are essential in semiconductor manufacturing processes, particularly in the development of quantum technologies.
Silicon, Silicon Oxides, Germanium, or Germanium Oxides: These materials, when isotopically enriched, are restricted due to their applications in quantum computing and other advanced technologies. The control extends to various forms such as substrates, lumps, ingots, boules, and preforms .
* The new export controls introduced by the Bureau of Industry and Security (BIS) are effective as of September 6, 2024. However, there are delayed compliance dates for certain items, allowing businesses until November 5, 2024, to comply with the new requirements, particularly for specific quantum technologies and related equipment. This delayed compliance is intended to give affected parties time to adjust to the new regulations.
Source:
2024-19633.pdf (SECURED) (govinfo.gov)