The Netherlands expands export control measure for advanced semiconductor manufacturing equipment
As of 7 September 2024, the national export control measure applicable to advanced semiconductor manufacturing equipment will be expanded, making more types of equipment subject to a national authorisation requirement. The change was announced by Minister for Foreign Trade and Development Reinette Klever on Friday in the Government Gazette. This new authorisation requirement builds on the existing national export control rules that have been in force since 1 September 2023. They apply to a very specific technology in the semiconductor manufacturing process: deep ultraviolet lithography equipment.
Minister Klever: ‘I’ve made this decision for reasons of security. We see that technological advances have given rise to increased security risks associated with the export of this specific manufacturing equipment, especially in the current geopolitical context. The Netherlands has a unique, leading position in this area. This entails certain responsibilities, which we take seriously. The Dutch semiconductor industry needs to know what it can expect. We have proceeded in a careful and targeted manner, so as to minimise the disruption to global trade flows and value chains.’
This equipment can be used, in combination with technologies from other countries, to produce advanced semiconductors. These semiconductors can in turn play a key role in advanced military applications. Thus, the uncontrolled export of this type of manufacturing equipment has implications for the Netherlands’ security interests.
The national authorisation requirement stipulates that, from now on, companies will have to apply for an authorisation when exporting this type of advanced manufacturing equipment. The government will assess applications on a case-by-case basis, so this is not an export ban. The national measure applies to exports from the Netherlands to destinations outside the EU.
A number of technical and textual amendments have been made to the ministerial order in question, in order to clarify the existing measure for implementing agencies and the industry. Read the full text in the Government Gazette (in Dutch): Staatscourant 2024, 29008 | Overheid.nl > Officiële bekendmakingen (officielebekendmakingen.nl).