Klever: export controls on advanced semiconductor manufacturing equipment to be tightened

On 1 April 2025 the Netherlands will modify its national export control measure for advanced semiconductor manufacturing equipment. As of that date more types of technology will be subject to a national authorisation requirement.

The new policy will apply, for example, to specific measuring and inspection equipment that can be used in the production of advanced semiconductors. This announcement was made by Minister for Foreign Trade and Development Reinette Klever in the Government Gazette on Wednesday. The expansion of the export control measure covers only a very limited number of technologies and goods.

As the minister has stated: "We believe it is important to maintain control over who gains possession of what technology. The government closely monitors semiconductor manufacturing technology. Technological developments may make it necessary to modify the rules. We are observing increased security risks associated with the uncontrolled export of this specific equipment. For this reason an export authorisation will henceforth be required."

This new authorisation requirement is the second time the national export control measure has been amended since it was introduced on 1 September 2023.

Security risks

Until now the national measure covered a number of very specific technologies in the production cycle of semiconductors, such as lithography equipment. A limited set of technologies for other steps in the manufacturing process is now also subject to an authorisation requirement. The security risks associated with the uncontrolled export of these technologies have increased. These technologies can be combined with technologies from other countries to produce advanced semiconductors. Such advanced semiconductors can then in turn play a key role in advanced military applications.

Authorisations

Under the national authorisation requirement, the export of these technologies will now also require an export authorisation. The government will decide on a case-by-case basis whether to grant an authorisation. The national measure applies to exports from the Netherlands to all destinations outside the EU. It does not constitute an export ban.

"The semiconductor industry is international. The Netherlands plays a unique role in this sector. It is important that we do not disrupt the chip industry unnecessarily. In expanding the export control measure, we have therefore set to work with the utmost care," said Minister Klever.

Certain textual changes, some of a technical legal nature, have been made to the ministerial order as well. This was done in part to clarify the existing measure for the benefit of implementing agencies and the industry.