Semiconductors, the tiny chips powering everything from smartphones to advanced AI systems, are at the heart of our digital economy. They are also becoming a focal point of geopolitical tension. Governments worldwide are enacting regulations to control the production, export, and use of semiconductors, recognising their importance as technological building blocks and strategic assets. Since semiconductor regulation has far-reaching implications for businesses, governments, and global markets, this article explores the key drivers behind regulation, its challenges, and the steps organisations can take to stay ahead.
Why are semiconductors being regulated?
- National security: Semiconductors are essential for critical technologies, including AI, advanced weapons systems, and cybersecurity infrastructure. Governments are imposing controls to ensure these technologies do not fall into the hands of adversaries.
- Economic competitiveness: Dominance in semiconductor technology is a cornerstone of economic power. Countries incentivise domestic production and limit exports to secure supply chains and reduce reliance on foreign providers.
- Geopolitical rivalries: The US-China technology rivalry has brought semiconductor regulation to the forefront. Policies like the US’s CHIPS Act and AI Diffusion Framework explicitly aim to curtail China’s access to advanced chips.
- Supply chain resilience: The COVID-19 pandemic exposed vulnerabilities in global semiconductor supply chains, prompting governments to tighten regulations and invest in local manufacturing.
Who should care about semiconductor regulation and why?
In short, anyone connected to technology, production, or policy should care, as semiconductors are the backbone of the modern economy and global security.
Key regulatory developments
US AI Diffusion Framework
The US Department of Commerce has imposed export controls on advanced chips and AI technologies, targeting adversarial nations while granting preferential access to allies. Restrictions on Total Processing Performance (TPP) and advanced GPUs like Nvidia’s H100 are reshaping the global market.
EU Chips Act
The EU Chips Act allocates €43 billion to strengthen Europe’s semiconductor industry. While focused on domestic manufacturing and innovation, it also introduces compliance standards for companies accessing EU funding.
China’s response
China is investing heavily in its semiconductor sector to reduce reliance on imports. However, US export controls have limited its ability to acquire advanced chipmaking tools, forcing a pivot to homegrown alternatives.
Japan, South Korea, and Taiwan
As leaders in semiconductor manufacturing, these nations are navigating complex regulatory environments to balance their roles as global suppliers with growing geopolitical pressures.
Challenges for businesses
- Compliance complexity: Navigating export controls, licensing requirements, and cross-border restrictions can be daunting, particularly for companies operating in multiple jurisdictions.
- Supply chain uncertainty: Regulations that limit the flow of semiconductors can disrupt supply chains, causing delays and increasing costs for manufacturers.
- Innovation bottlenecks: Restrictions on the export of advanced chips and technologies may slow innovation, particularly in regions excluded from access to cutting-edge tools.
- Geopolitical risk: Companies must consider the potential for regulatory shifts, trade wars, and diplomatic tensions to impact their operations.
How ITLawCo can help
At ITLawCo, we support organisations navigating the complexities of semiconductor regulation. Our services include:
- Regulatory compliance: Ensuring your business adheres to export controls, licensing requirements, and other legal obligations.
- Supply chain risk management: Identifying vulnerabilities and developing strategies to mitigate the impact of regulatory changes.
- Strategic advisory: Guiding clients on how to align with emerging policies, access funding opportunities, and maintain competitive advantage.
- Dispute resolution: Addressing conflicts arising from regulatory enforcement or trade restrictions.
The path forward
Semiconductor regulation is not just a legal issue—it’s a strategic imperative. As the global landscape continues to shift, businesses must proactively adapt to remain competitive. By understanding the drivers behind these regulations and taking steps to ensure compliance, organisations can mitigate risks and seize opportunities in a rapidly evolving industry.
Contact us today to learn how ITLawCo can support your business.