The Dutch government is soon to join the United States and Japan in rolling out new semiconductor export control measures aimed at keeping sensitive technology away from China due to concern for potential misuse, the country’s economic affairs minister told reporters on a visit to Washington.
The measures are likely to further restrict sales to China by Netherlands-based ASML, maker of the world’s most advanced chip-printing machines, which last year disclosed the “unauthorized misappropriation of data” by a now former employee in China.
The United States in October 2022 announced its own export control measures affecting advanced computing integrated circuits and certain semiconductor manufacturing items.
The U.S. said the measures were aimed at items that “could provide direct contributions to advancing military decision making” such as “designing and testing weapons of mass destruction (WMD), producing semiconductors for use in advanced military systems, and developing advanced surveillance systems that can be used for military applications and human rights abuses.”
The U.S. subsequently asked allies including Japan and the Netherlands, which play key roles in the semiconductor supply chain, to introduce similar measures.
“The main concern is [the chip-making technology] will be used in military products,” Micky Adriaansens, Netherlands’ minister of economic affairs and climate, told a group of journalists on June 8 at the Dutch Embassy in Washington.
Adriaansens acknowledged that the negotiations with Washington have not been easy.
“To be honest, the conversation has been intense, and is still intense,” she said. “But we agreed already upon the main issues, with a good [mutual] understanding of what is the right thing to do.”
Adriaansens said those understandings still have to be translated into regulations but that her country understands the importance of the measures.
“We realize that we, the U.S., the Netherlands, Japan and Korea, are very strong in the semicon[ductor] value chain, supply chain, and we have a responsibility there,” the minister said, echoing a statement made by Japan’s trade minister in March.
Japan also takes steps
Tokyo announced its own measures on March 31, saying that beginning in July, Japan will restrict 23 types of semiconductor manufacturing equipment from being exported to China. “We are fulfilling our responsibility as a technological nation to contribute to international peace and stability,” Minister of Economy, Trade and Industry Yasutoshi Nishimura told reporters.
At the center of the Netherlands’ semiconductor export control deliberations is ASML, a Dutch company with its headquarters in Veldhoven, about an hour and a half’s drive southeast of Amsterdam. The company was known as Advanced Semiconductor Materials Lithography in its early years but is now known as ASML.
Europe’s biggest high-tech firm by market capitalization, ASML is the world’s largest supplier of photolithography machines, which are used to produce computer chips.
Its flagship products are the EUV, or extreme ultraviolet, and DUV, or deep ultraviolet, lithography machines that use advanced light technology to shrink and then print tiny patterns down to the nanometer level on silicon wafers, a critical and essential component of the semiconductor manufacturing process.
Since 2019, ASML’s world-exclusive EUV machines have been on the Netherlands’ export control list, meaning they cannot be sold to China without government approval. In a statement issued in March, the company said it understood that the new export controls could be applied to its less-advanced DUV machines and other products as well.
While Taiwan is its top customer, ASML has more than 1,000 employees working in 12 office buildings in major Chinese cities including Beijing, Shanghai and Shenzhen. Last year, sales to China made up 14% of the company’s total net systems sales.
In its 2022 annual report, released on February 15 this year, the company disclosed that it had experienced “unauthorized misappropriation of data relating to proprietary technology by a (now) former employee in China.” The incident may have led to the violation of certain export control regulations, the report said.
The company said a comprehensive internal review has since been launched, but the nature and extent of the data that was misappropriated has not been publicly disclosed.
Report mentions possible leak
Another possible leak of the company’s proprietary information that happened in China was disclosed in the previous year’s annual report.
“Early in 2021, we became aware of reports that a company associated with XTAL, Inc., against which ASML had obtained a damage award for trade secret misappropriation in 2019 in the USA, was…