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US Department of Commerce fines Applied Materials $252 million for illegal equipment exports to China

tonyget

Well-known member

The U.S. Department of Commerce on Wednesday announced a $252 million settlement with semiconductor equipment maker Applied Materials (AMAT.O) over illegal exports to China’s largest chipmaker, Semiconductor Manufacturing International Corp. (SMIC), AzerNEWS reports via Reuters.

According to the department, Applied Materials shipped ion implanters—a key tool for chip production—through its South Korean subsidiary to SMIC without obtaining the required U.S. export licenses. The shipments took place 56 times during 2021 and 2022 and were valued at roughly $126 million.

The case stems from SMIC’s inclusion on the U.S. Commerce Department’s “Entity List” in December 2020 due to alleged ties to the Chinese military, which restricted the export of certain goods and technologies to the company.

In 2023, Reuters reported that Applied Materials was under criminal investigation for producing semiconductor equipment in Massachusetts, shipping it to South Korea for assembly, and then forwarding it to SMIC in China, bypassing U.S. export controls.

Applied Materials said it was pleased it had reached a settlement with the Department of Commerce, and that the U.S. Department of Justice and the U.S. Securities and Exchange Commission had notified the company that they had closed their related investigations without action.

The Department of Justice did not immediately respond to a request for comment. The Securities and Exchange Commission declined to comment.

The $252 million penalty - twice the transaction value - is the maximum allowed by law, the department said.
 
Amazing. There's a criminal investigation by the DOJ, yet no one gets arrested or convicted. The penalty for willfully exporting controlled technology without a license is punishable by up to 20 years in prison and fines up to twice the transaction value. Since the violations occurred 56 times, it looks as willful as it gets. And AMAT says it's pleased with the outcome. I bet they are. I think the entire BoD, and the CEO and CFO, should be replaced. There's no way $126M in revenue was recognized without the CFO and CEO knowing about it.
 
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