BIS Foundry Checks Persist, Polysilicon Stockpiling Rule Lacks a Baseline
The foundry presumption and preserved headquarters controls still require transaction files, solar litigation and reviews must be mapped entry by entry, polysilicon stockpiling creates pre-December exposure without a published baseline, and ATCM benchmarks remain negotiating inputs rather than entry rules.
Today's four analyses separate existing controls from measures that remain unresolved. The foundry presumption and preexisting headquarters controls persist despite AI Diffusion non-enforcement, solar CVD litigation and reviews run on different records, polysilicon stockpiling can draw company-level restrictions before December 4, and critical-minerals benchmarks have not yet become entry rules.
BIS instructed enforcement officials not to enforce the AI Diffusion rule, but the current EAR still contains the ECCN 3A090.a foundry presumption. Separate BIS guidance also preserves the preexisting license requirement for specified advanced-computing items destined for entities headquartered in Country Group D:5 or Macau, or whose ultimate parent is headquartered there. The enforcement boundary of the FDD-linked worldwide RS consequence outside those preserved controls remains unresolved. Foundries, OSATs, and IC designers should retain transaction-specific classification, ownership, attestation, and reporting records rather than treat non-enforcement as a blanket safe harbor.
Read the full analysis: BIS Foundry Due Diligence After AI Diffusion Non-Enforcement.