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10.1 EAR Fundamentals: The Commerce Control List, EAR99, and the Mechanics of the De Minimis Rule

Chapter Introduction Video 

Lecture Video 10.1

I. Statutory Foundation: ECRA and the EAR

II. The Commerce Control List and ECCNs

III. The De Minimis Rule

IV. The "No De Minimis" Exceptions

10.2 Performance-Based Control Thresholds: TPP, Performance Density, and the 2024 HBM Thresholds

Lecture Video 10.2

I. From Nanometers to Compute

II. Performance Density

III. The High-Bandwidth Memory Threshold

IV. Revised Memory Definitions

V. The January 2026 Licensing Corridor

10.3 Entity-Based and End-Use Restrictions: The Entity List, Military End-User Rules, and the 2025 Affiliates Rule Suspension

Lecture Video 10.3

I. The Entity List and Footnote 5

II. The Affiliates Rule and Its Suspension

III. End-Use and End-User Controls

IV. From Validated End-User to Fab-Held Annual Licenses

V. Infrastructure Capability as an End-Use Signal

10.4 Extraterritorial Jurisdiction: The Foreign Direct Product Rules for Advanced Computing, Semiconductor Manufacturing Equipment, and Footnote 5 Entities

Lecture Video 10.4

I. The Architecture of Extraterritoriality

II. The Advanced Computing FDP Rule — § 734.9(h)

III. The SME FDP Rule — § 734.9(k)

IV. The Footnote 5 Entity List FDP Rule — § 734.9(e)(3)

V. Embedded Circuits and Red Flag 26

VI. Headquarters and Ultimate Parent — § 744.23(a)(3)

10.5 The Conditional Licensing Model: Case-by-Case Review, Volume Caps, and Third-Party Testing

Lecture Video 10.5

I. The Pivot

II. The Eligibility Gate

III. The Nine Certifications

IV. The Volume Cap, Measured in Capability

V. The Tariff and the United States Touchpoint

VI. The Narrow Door

VII. Risks That Survive the License

10.6 Semiconductor Tariffs: Section 232 Phase 1 Duties, Revenue Capture, and the Section 301 Mature-Node Action

Lecture Video 10.6

I. Two Statutes, Two Targets

II. Section 232 Phase 1

III. Revenue Capture, Seen From the Customs Side

IV. Section 301: The Mature-Node Action

V. Stacking and the Landed-Cost Model

VI. Claiming an Exclusion

10.7 The Rival Ecosystem: China's Export Controls on Gallium, Germanium, and Rare Earths

Lecture Video 10.7

I. The Architecture

II. What Remains in Force

III. The November 2025 Suspensions: Two Packages, Two Dates

IV. Announcement No. 61 and the 0.1 Percent Rule

V. Counter-Extraterritoriality: When Compliance Is the Violation

VI. Building the Buffer

10.8 Conflict of Law: China's 2026 Counter-Extraterritoriality Regulations and Malicious Entity List Risk

Lecture Video 10.8

I. Two Regulations, No Transition

II. Article 15 and the Definitional Vacuum

III. The Working Mechanism, the List, and the Exemption That Has No Procedure

IV. Personal Exposure

V. Nexperia as a Conflict-of-Law Case

VI. Designing the Escalation Pathway

10.9 Constructing a Durable Compliance Program: Screening, General Prohibition 10, and Resolving Red Flag 27

Lecture Video 10.9

I. The Program as an Internal Control

II. Screening and Its Limits

III. Behavioral Red Flags

IV. General Prohibition 10 and Tainted Items

V. Red Flag 27 and the Advisory Opinion

VI. After the License: Monitoring Obligations

VII. Voluntary Self-Disclosure

Knowledge Check

Navigate the complex and rapidly evolving landscape of global semiconductor trade with our comprehensive course, "Semiconductor Export Controls and Trade Compliance. " As geopolitical tensions reshape the global supply chain, understanding the intricate web of export controls, tariffs, and compliance regulations is no longer optional—it is a critical imperative for industry professionals.

Navigate the complex and rapidly evolving landscape of global semiconductor trade with our comprehensive course, "Semiconductor Export Controls and Trade Compliance." As geopolitical tensions reshape the global supply chain, understanding the intricate web of export controls, tariffs, and compliance regulations is no longer optional—it is a critical imperative for industry professionals. This in-depth course demystifies the US Export Administration Regulations (EAR), breaking down fundamental concepts like the Commerce Control List (CCL), EAR99, and the mechanics of the De Minimis Rule. You will dive deep into advanced performance-based control thresholds, including Total Processing Performance (TPP), performance density, and the latest High-Bandwidth Memory (HBM) thresholds. Beyond US borders, the course explores extraterritorial jurisdiction, detailing the Foreign Direct Product (FDP) Rules for advanced computing and semiconductor manufacturing equipment (SME). You will also examine the rival ecosystem, gaining crucial insights into China's export controls on critical minerals like gallium and germanium, and learn how to navigate the treacherous waters of conflicting international laws, including China's Counter-Extraterritoriality Regulations. Finally, you will learn how to construct a durable, bulletproof compliance program, mastering screening processes, resolving behavioral red flags, and understanding voluntary self-disclosure. Whether you are a compliance officer, supply chain manager, or legal counsel, this course provides the strategic knowledge you need to mitigate risk and ensure seamless global operations in the semiconductor industry.

Chapter 10: Semiconductor Export Controls and Trade Compliance

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            <p>Navigating the global semiconductor supply chain requires a profound understanding of an increasingly complex web of export controls, tariffs, and trade compliance regulations. As geopolitical tensions reshape the technology sector, regulatory bodies have shifted from traditional node-based metrics to sophisticated performance-based thresholds, such as Total Processing Performance (TPP) and High-Bandwidth Memory (HBM) limits. This course provides a comprehensive examination of the Export Administration Regulations (EAR), detailing the mechanics of the Commerce Control List (CCL), EAR99 classifications, and the critical De Minimis rule. Participants will explore the expansive reach of extraterritorial jurisdiction through the Foreign Direct Product (FDP) rules targeting advanced computing, semiconductor manufacturing equipment (SME), and specific entities, ensuring a firm grasp of how United States regulations apply far beyond its borders.</p>

<p>Beyond US export controls, the curriculum delves into the multifaceted challenges of international trade conflicts, including the impact of Section 232 and Section 301 tariffs on mature-node technologies and the intricacies of tariff stacking and landed-cost models. Crucially, the course addresses the rival regulatory ecosystem, analyzing China's export controls on critical minerals like gallium, germanium, and rare earths, as well as the legal friction caused by China's Counter-Extraterritoriality Regulations and the Malicious Entity List. By examining conditional licensing models, entity-based restrictions, and behavioral red flags, learners will acquire the strategic knowledge necessary to construct and maintain a durable compliance program. From resolving complex scenarios like Red Flag 27 to understanding General Prohibition 10 and the nuances of voluntary self-disclosure, this course equips professionals with the tools to mitigate risk and ensure strict adherence to evolving global trade mandates.</p>
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