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The Netherlands is introducing stricter export rules for ASML’s sales of advanced chip machines, aligning with U.S. policy. This decision, aimed at containing technological risks and protecting national security, now requires ASML to apply for export permits from the Dutch government for specific shipments. This particularly applies to systems that may be exported to China.

The measures, effective as of September 7, aim to prevent China from using the machines to disrupt other countries’ economies and defenses. In a statement, ASML stressed that the change will not affect its financial outlook despite the possible geopolitical implications.

Why this is important:

The Dutch government’s tightening of export rules for ASML illustrates the precarious balance between national security and international trade. While the Dutch government takes measures to reduce security risks, ASML remains focused on maintaining its leading position in the global market.

Growing concerns

The Dutch government’s recent moves reflect growing international concern about technological advances and their potential consequences. Foreign Trade and Development Minister Joanne Klever has indicated that technological advances make it necessary to tighten export regulations. In particular, older chip machines, which previously could be exported without a license, can now produce more sophisticated chips. This poses potential security risks, as these chips can also be used for military purposes. For example, the Dutch newspaper Trouw wrote last week that the Russians are using old ASML machines to make microchips for use in drones and missiles.

Harmonization with U.S. regulations

The adjustments are not only a response to security concerns but also ensure that Dutch regulations are now on par with those of the United States. Washington has implemented similar export restrictions.

Last week, ASML CEO Christophe Fouquet said at an investor meeting in New York that economic considerations primarily drive U.S. restrictions. He says it is becoming increasingly complicated to see the restrictions “as a matter of national security.” Dutch Prime Minister Dick Schoof emphasized ASML’s importance to the Dutch innovative industry and that the new measures should not harm it.

Technical specifications and impact

The technical implications of the new rules are significant. ASML’s state-of-the-art DUV machines are capable of stacking different layers of a chip with an accuracy of a few nanometers. The maximum accuracy is now set at 2.4 nanometers, compared to the previous 1.5 nanometers. Technological advances are rapid, and regulations must adapt to this changing reality.

ASML will now have to apply for permits from the Dutch government to export specific equipment to China. While this does not mean an export ban, it gives the Dutch government more control over this sensitive technology’s export. There are concerns that China could use the advanced chips to strengthen its military and economic position, which could threaten international stability.

ASML’s position and the Chinese market

ASML has indicated that the announcement of updated export license requirements will not impact its 2024 financial outlook or longer-term scenarios, as communicated during Investor Day in November 2022. This suggests that the company has already factored in potential disruptions from the new regulations or that their effects will be minimal.

Half of ASML’s sales come from China, where the chip industry is expected to double in the coming years. So, it is crucial for ASML to continue operating in this critical market. However, China has threatened to block ASML if the Netherlands introduces stricter measures. So, this development could still create tension between ASML and its Chinese partners.

The real challenge for ASML and the Dutch government is implementing the new rules without hampering the innovation and growth of the chip industry while managing international tensions.