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Biden has one week left. His chip war with China isn’t done yet.
On Monday, the US Commerce Department announced new export controls on advanced chips used to train and run artificial intelligence, the latest in a series of increasingly tough restrictions enacted by the Biden administration in the past few years. It’s primarily a mechanism for maintaining American dominance in artificial intelligence while also cutting off adversaries — first and foremost China — from access to the chips they need to level the playing field commercially and militarily.
Under the new export regime, the US will use a three-tier system: Companies from the US and 18 close allies, including the UK, Germany, and Japan, are fully free to buy these chips. Those from countries subject to US arms embargo, such as China and Russia, are completely cut off from acquiring high-powered chips. And countries from every other country will face a set cap restricting the number of AI processors they can buy each year without special permission. This latter group even includes strategic partners such as Mexico, Switzerland, and Israel.
“This policy will help build a trusted technology ecosystem around the world and allow us to protect against the national security risks associated with AI, while ensuring controls do not stifle innovation or US technological leadership,” US Secretary of Commerce Gina Raimondo said in a press release.
But the chip industry isn’t happy — particularly America’s most important chip designer, Nvidia, which said that the rules are “misguided.”
“While cloaked in the guise of an ‘anti-China’ measure, these rules would do nothing to enhance US security,” Ned Finkle, Nvidia’s vice president of government affairs, wrote in a statement. “Rather than mitigate any threat, the new Biden rules would only weaken America’s global competitiveness, undermining the innovation that has kept the US ahead.” The Semiconductor Industry Association criticized the timing — just days before the presidential transition.
Tinglong Dai, a professor at Johns Hopkins Carey Business School, said that US companies are increasingly aligned with national security concerns and “face ever greater challenges to making a profit or even operating in China.” In that way, he said he expects that short-term discomfort will give way to companies falling in line with national security priorities.
Xiaomeng Lu, director of geo-technology at Eurasia Group, expressed concern about implementation. “Under this regime, only a small number of trusted allies have unrestricted access to high-end semiconductors,” she said. “Data centers located in over 100 countries will have to apply for licenses through an onerous process, even if they are owned and operated by US cloud service providers.” She added that the rules could discourage many countries from buying US products.
“This rule is not just about China, but it may make China’s chip smuggling efforts more difficult,” said Jacob Feldgoise, a data research analyst at Georgetown’s Center for Security and Emerging Technology. “The regulation could hurt American businesses, including AI chip companies and cloud service providers, but perhaps more importantly, the rule may hurt the United States’ relationship with a set of allies to which the rule didn’t give preferential treatment.”
Jeremy Mark, a nonresident senior fellow at the Atlantic Council’s GeoEconomics Center, said that China is deeply embedded in the semiconductor supply chain, such as supplying important rare earth metals to chip makers. In this way, the US is risking a “serious trade conflict” in further cutting off China.
But there may be more to the story. “There has been clear, bipartisan support in Washington for export controls, and that has empowered several government agencies to act,” Mark said. “However, it’s not clear how much the latest initiatives have been driven by a White House decision to hand Trump a fait accompli.”
Trump won’t want to appear weak on China, but he also doesn’t want to alienate important industry players. Dai said he expects Trump to maintain a tough stance on China and to “tweak the current export rules — because he’s Trump after all.” The rule doesn’t go into effect for companies until May 15, Feldgoise noted, giving Trump time to revise the rules if needed.
As for China, the country is forging ahead even without access to the top chips. Recently, the Chinese startup DeepSeek released an open-source large language model that has impressed outsiders. This development proves it’s “possible to build a quality model with less advanced chips,” Lu said. Meanwhile, the new Commerce Department restrictions will “undermine US companies’ competitiveness in the face of robust competition from China,” she adds.FILE PHOTO: Semiconductor chips are seen on a printed circuit board in this illustration picture taken February 17, 2023.
The US-China chip stranglehold
The Biden administration has already imposed severe restrictions on semiconductor companies selling to China through export controls. But now it’s considering additional steps to maintain an edge over its rival in the East. The new measures would reportedly restrict China’s ability to access a specific chip architecture known as gate all around, or GAA. GAA is a powerful type of transistor that large chipmakers — including AMD, Intel, Nvidia, and Samsung — are planning to mass produce in the next year.
The US Commerce Department, which oversees export controls, hasn’t confirmed whether or when the rules will be finalized. But the administration has been dead set on limiting China’s access to chips they can use to train and run AI applications — an attitude that’ll only intensify as AI technology becomes more mature and more useful.
With a weak economy making retaliatory tariffs unlikely, Beijing is left with few responses other than subsidizing its domestic industry, which still lags behind the US.
--FILE--View of the headquarters of Microsoft China Research and Development Group in Beijing, China, 30 September 2016.
Is it time for US AI companies to leave China?
Microsoft has asked 700-800 of its China-based employees working on cloud computing and artificial intelligence to leave the country, extending them offers of employment in different countries including the US. While these employees will have the option to stay put, the move signals Microsoft’s awareness that it may not be tenable to be a US company working on AI within China for much longer.
Last week, American and Chinese officials met to discuss artificial intelligence policy in Geneva, Switzerland. White House National Security Council spokesperson Adrienne Watson said US officials “raised concerns over the misuse of AI” by China (without giving specifics), which pushed back against American “restrictions and pressure” on their use of the technology. In the past two years, the Biden administration has imposed strict export controls limiting the flow of semiconductors to China and its allies, hampering its ability to train and run AI models and applications.
Increasingly, companies are caught in the middle of these tensions — especially those like Microsoft and Amazon interested in serving both economies and tapping into China’s talent pool. The White House is also considering a new rule that would require licenses to sell cloud services to Chinese customers, a move that could further hinder Microsoft’s revenue in the country — and lodge the US government between China and the American firms they need to scale up AI capabilities.