Export compliance for used semiconductor equipment

Draft for legal review. This text is a starting point and has not been reviewed by a lawyer.

Why export rules apply to used tools

Semiconductor manufacturing equipment, its parts and its software can be subject to export controls, whatever the age of the tool. A used etcher, deposition system or lithography tool can fall under the same rules as a new one if its specification matches a controlled entry. Spare parts, controllers and technical documentation can be controlled on their own.

SemiXperts is based in the Netherlands, so EU and Dutch export rules apply to every shipment we make. For equipment or parts of US origin, the US Export Administration Regulations (EAR) can apply as well, including to re-exports from the EU.

The rules we work to

• EU dual-use Regulation (EU) 2021/821. Items listed in Annex I need an export licence to leave the EU, and some also need one for transfers within the EU. Unlisted items can still need a licence if the authorities inform us, or we are aware, that they are or may be intended for a prohibited end use.
• Dutch national measures. The Netherlands has added national licence requirements for certain advanced semiconductor manufacturing equipment. Licences are issued by the CDIU (part of Dutch Customs).
• EU sanctions. Restrictive measures against specific countries, entities and persons, including the broad restrictions on exports to Russia and Belarus, prohibit some shipments outright, whatever the item.
• US Export Administration Regulations (EAR). US-origin items, and some items with US content, can need a US licence for export or re-export depending on their classification and destination.

We work to these rules on every order. We do not claim a formal certification for our export compliance process.

What we check before shipping

For each order that leaves the Netherlands, we:

1. classify the tool, its parts and any software or documentation against the EU dual-use list, Dutch national measures and, where relevant, the US Commerce Control List
2. screen the buyer, the consignee, the end user and any intermediaries against EU, UN and, where relevant, US sanctions and restricted-party lists
3. review the stated end use and the destination for red flags, such as an end user that does not match the tool, unusual routing or reluctance to give end-use information
4. apply for a licence when one is needed, and wait for the decision before we ship

We keep the records of these checks for the period the rules require.

What we may ask you to provide

• the full name and address of the end user and the site where the tool will be installed
• a description of the intended use and the processes it will run
• a signed end-user statement, on a form we provide or the form the licensing authority requires
• for universities and research institutes, confirmation of the department or group that will use the tool

The same applies to service work when we ship parts or controllers across a border, and to tools we collect for de-installation and crating at sites outside the Netherlands.

Timing

Classification and screening are part of every quote and do not usually delay an order. A licence application adds time that depends on the authority and the destination, and the outcome is not in our hands. If a licence is needed, we tell you before you place the order, and the quoted lead time states whether it includes the licensing period.

When we will not ship

We do not ship if a licence is refused, if a sanctions rule prohibits the transaction or if the end-use information is incomplete or does not hold together. We also do not ship if we learn after the order that the tool is intended for a prohibited end use. In those cases our terms of sale apply.

After delivery

Export rules can still apply after a tool arrives. Re-exporting it, or transferring it to a different end user, may need a new licence. Keep the end-user statement and any licence with the tool's records.

Questions

If you are not sure whether a tool you want needs a licence for your destination, ask before you request a quote. Use the contact page and tell us the tool and the country of installation.