禁用华为昇腾等三项BIS“指导意见”的一些具体问题

Core Viewpoint - The article discusses the recent guidance issued by the U.S. Department of Commerce regarding export controls on advanced computing integrated circuits, particularly focusing on the implications for Chinese technology companies and the potential impact on the semiconductor industry [3][4]. Group 1: Guidance Overview - The three new guidance documents are not a continuation of the Trump administration's "AI diffusion rules" but represent a new strategy aimed at balancing collaboration with trusted foreign partners while preventing technology from falling into the hands of adversaries [4]. - The "replacement rules" are expected to be released within four to six weeks, likely in June, and will follow standard federal regulatory procedures [4]. Group 2: Specific Guidance Details - Guidance 1 outlines that using certain Chinese-manufactured high-performance AI chips, specifically Huawei's Ascend series, may violate U.S. export control laws due to the involvement of U.S. technology in their design or production [6][7]. - Companies using Ascend chips face legal risks, as the guidance clarifies that there is no gray area regarding compliance with U.S. export regulations [8][9]. - Guidance 2 focuses on export licensing requirements for high-performance AI chips used by non-U.S. third-country cloud service providers (CSPs) to train AI models for military applications [14][15]. - Guidance 3 serves as a warning to U.S. companies to prevent the diversion of controlled chips, emphasizing the need for thorough due diligence and internal audits to identify suspicious purchasing behaviors [18][19]. Group 3: Compliance and Penalties - Companies that violate these guidelines may face severe penalties, including fines, criminal charges, and potential inclusion on the U.S. Entity List, which restricts their ability to conduct business with U.S. entities [13][21]. - The guidance emphasizes the importance of compliance measures, such as conducting thorough customer due diligence and ensuring that products are not used for military or sensitive purposes [17][20].