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12 September 2024

Dutch Rules Force ASML To License Services For China

New licensing requirements reflect rising geopolitical tensions impacting semiconductor supply chains

Dutch Rules Force ASML To License Services For China

ASML Holding NV, the Dutch giant known for its pivotal role in semiconductor manufacturing, finds itself at the epicenter of growing tensions between Western countries and China. The Dutch government recently declared on September 10, 2024, new regulations requiring ASML to obtain licenses for servicing certain chipmaking equipment previously sold to its Chinese clients. This move emphasizes how the repercussions of international politics increasingly shape even the most technical of industries.

Under these new guidelines, ASML now needs licensing to provide spare parts and software updates for specific equipment. This equipment encompasses two tools added to the national control list as part of the government's efforts to align policy more closely with the United States, as confirmed by the Dutch Ministry of Foreign Affairs. The regulation adjusts for equipment originally sold to China, which now finds itself under scrutiny due to its potential military applications.

ASML has long been integral to the semiconductor supply chain, particularly noted for its leading-edge lithography systems like extreme ultraviolet (EUV) and deep ultraviolet (DUV) machines. These components are indispensable for chipmakers worldwide, influencing everything from consumer electronics to advanced military technology. The new licensing requirement marks yet another chapter of complexity for ASML, especially after previous restrictions denied the company the ability to import its most advanced tools to China.

Despite earlier hesitation, ASML indicated it does not expect these new restrictions to significantly impact its earnings. ASML CEO Christophe Fouquet has voiced a pragmatic approach, anticipating continued restrictions from the U.S. and possibly pushback from the Dutch government, which favors commercial interests. "That is a bipartisan issue, so I think whatever happens, this will stay," he said, referring to the broader geopolitical trends influencing his business.

The geopolitical backdrop consists of Taiwan, China, and the United States, vying for supremacy over semiconductor technology—a battlefield not through military might but via technological prowess. With the demand for sophisticated microchips surging, countries recognize their strategic value, particularly as advancements in Artificial Intelligence (AI) accelerate.

Microchips, often referred to as the brains behind modern electronics, have become China's largest import by monetary value, surpassing even crude oil. This heavy reliance amplifies the stakes for companies like ASML, as their technology predominantly shapes the future of chip production globally, stoking fear among Western nations about potential military use.

Within Taiwan, the dynamic shifts even more. It is the world leader and innovator in semiconductor manufacturing. The Taiwanese government seeks to prevent its advanced semiconductor technologies from being utilized against it, especially concerning military applications. The National Security Bureau of Taiwan has raised concerns consistent with these fears, echoing sentiments about Beijing's motivations and covert approaches to tech acquisition.

Taiwan's policy history reflects its trepidation. Until the early '90s, transferring technologies to China was illegal, underpinned by strict laws. Yet as globalization surged, these laws became increasingly ambiguous, allowing Taiwanese companies to circumvent them. A significant policy shift came with the 1993 implementation of the "no haste, be patient" approach, which increased oversight on technology transfers, particularly concerning advanced facilities.

Since then, regulations have evolved to include rigorous vetting processes for investments related to high-tech projects. Taiwanese authorities play active roles to steer investments to avoid political indabas with China, ensuring close alignment with national security interests.

Consequently, any potential Chinese investments—like Foxconn's 2022 attempts to invest over one billion dollars through its subsidiary—have faced intense scrutiny. Foxconn's failure to notify authorities led to fines, illustrating the mechanism with which Taiwan aims to safeguard its technological edge.

The global chip-making narrative frequently pivots on developments like those involving ASML and Taiwan, where investor enthusiasm collides with the rigid realities of export restrictions. With mounting economic pressures and the aggressive ambitions of firms like Huawei, China's path has begun to shift significantly. Amid ASML's tightening grip on advanced technology, many Taiwanese firms and government sectors are reevaluing their ties with mainland companies.

Nonetheless, the broader concerns for Western powers remain. Enhanced restrictions on Chinese access to advanced chips and related technologies may very well stimulate China's drive toward technological independence. Chinese state data released indicates domestic chip production grew by 40% within the first quarter of 2024, showcasing their endeavor to bolster self-sufficiency as external barriers intensify.

While ASML operates under this intertwined political and technological web, the decision for new licensing serves as both shield and sword—a means of asserting economic interests amid national security concerns. The immediate future is fraught with uncertainties, particularly as upcoming significant global events, like the U.S. presidential election, loom, potentially impacting trade policies even more.

ASML's predicament underscored broader themes of control and competition, highlighting how the story of semiconductors reveals more than mere technology—it unveils the clashes of power shaping the 21st century.

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