Dutch government retakes export control over two ASML tools from US

By Toby Sterling

AMSTERDAM (Reuters) -The Dutch government on Friday said it would expand export licensing requirements for some ASML chipmaking equipment, effectively retaking oversight over it from the United States and aligning the two countries' policy.

The United States had previously unilaterally regulated those tools, as part of its campaign to restrict access to advanced technology by Chinese chipmakers who could contribute to Beijing's technological and military advances.

ASML said in a statement that it did not expect the change in oversight to impact earnings this year or in the future.

Shares of the Netherlands-based ASML, Europe's largest technology firm, traded down 1.6% at 708.40 euros at 0915 GMT.

"I'm making this decision for our safety," said Dutch Trade Minister Reinette Klever, announcing the update.

"We see that due to technological developments there are more safety risks in the export of these specific production machines."

While the U.S. and Netherlands remain in talks over export policy, Friday's decision is a practical move that should relieve some tension between the governments.

The machines in question, ASML's 1970i and 1980i DUV (Deep Ultraviolet) immersion lithography tools, are approximately in the middle of its product range.

Under U.S. pressure, the Dutch government has never allowed ASML to ship its very best EUV tools to Chinese customers, while it began requiring a license for NXT:2000 series and better of DUV tools in Sept. 2023.

ASML warned Chinese customers not to expect delivery of those tools starting in 2024.

However in October 2023, the U.S. unilaterally began restricting ASML's shipment of the 1970i and 1980i tools, on the argument that they contain some U.S. parts.

Members of the Dutch parliament raised questions about the implications for the Netherlands' sovereignty, while ASML struggled to keep up with separate licensing requirements in the U.S. and Netherlands.

The U.S. Department of Commerce updated its export rules on Thursday, and the updated Dutch rules adopted U.S. wording in relevant passages on lithography, ASML's segment.

ASML's machines use lasers to help create the tiny circuitry of chips.

Interest in the 1980i and 1970i machines follows success by Chinese firms such as SMIC at making advanced chips by running silicon wafers under such DUV tools many times, a process known as "multipatterning."

At an event in New York on Wednesday, ASML CEO Christophe Fouquet said Chinese chipmakers will be able to produce chips at the 7nm, 5nm and eventually 3nm technology levels using DUV tools -- better than limits set by Washington.

However, chipmakers using the technique will suffer ever-worse yields, making that a demonstration of engineering prowess but economically unviable, he said.

(Reporting by Toby Sterling;Editing by Alison Williams and Philippa Fletcher)

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