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US President Joe Biden speaks during a virtual meeting with business leaders and state governors to discuss supply chain problems, particularly in semiconductors, in March 2022. Photo: Reuters

Biden conditions for US chip funding ‘pretty odd’ for foreign companies, industry insiders say

  • The Biden administration has announced rules for firms receiving chip subsidies, such as requirements to share excess profits with the government
  • The profit-sharing provisions could prove a tough sell to investors base outside the United States, such as Taiwan Semiconductor Manufacturing Co

As the Biden administration on Tuesday disclosed conditions for awarding US$39 billion in subsidies to revamp US semiconductor manufacturing, tech industry sources said some unexpected provisions make the funds less attractive.

Although no chip industry sources said companies would scrap expansion plans to build in the US, they grumbled about the US Department of Commerce’s broad range of rules to receive funding, from requirements to share excess profits with the government to providing affordable child care for construction workers who build the plants.

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US Senate passes Chips and Science Act to compete with China’s semiconductor industry

US Senate passes Chips and Science Act to compete with China’s semiconductor industry

The profit-sharing issue is among the most contentious. Industry sources say that the measure was a surprise and that it is unclear how it would be applied to companies, each of which will have to negotiate separate agreements with the US government.

If that is a precursor to more things that government officials would be looking for in a negotiation stage, "there’s some criticism that it could make it more challenging to do things", one semiconductor industry source said, requesting anonymity because of the sensitivity of the matter.

Industry insiders said even some of the provisions that were widely expected – such as giving priority to applicants who agree to stop share buy-backs for five years after getting a grant – could be tough for some firms. Share repurchases have helped keep investors happy during tumultuous market conditions in the chip industry, which have swung from shortage to glut in two years.

A second chip industry executive, requesting anonymity to discuss sensitive matters, said this was "going to cause heartburn for companies”. This executive indicated that it is "unknown what the market is going to do" because the grant "would limit their flexibility".

Gina Raimondo, US Secretary of Commerce, speaks at Georgetown University in Washington last Thursday. Photo: Bloomberg

In announcing the rules on Tuesday, Secretary of Commerce Gina Raimondo said they were meant to ensure the money was spent well, and in a way that benefited workers.

“Throughout our work, we are committed to protecting taxpayer dollars, strengthening America’s workforce and giving America’s businesses a platform to do what they do best: innovate, scale and compete,” she said.

For profitable firms such as Taiwan Semiconductor Manufacturing Co (TSMC) which has broken ground on a major plant in Arizona but has not said whether it would apply for US funding, the buy-back and profit-sharing provisions could prove a tough sell to an investor base outside of the United States.

A third chip industry source said it was "pretty odd for a foreign company to accept this kind of meddling in its business". TSMC did not immediately respond to a request for comment.

US President Joe Biden tours the Taiwan Semiconductor Manufacturing Co’s production facility in Phoenix, Arizona in December 2022. Photo: AFP

For chip companies that already planned on offering child care to their factory workers, the additional requirements to offer similar benefits to construction workers building new plants are “a bit of a distraction, but it’s all manageable”, according to the first industry source, who added that it may "slow down what people are trying to do".

A more onerous issue is that building new chip plants will probably get more expensive in the US, where costs are already higher than industry centres such as Taiwan and Singapore.

Although nobody expected a “free lunch”. according a fifth industry source, the surprise provisions will force companies to crunch the numbers once again on US plants. But the source added: “I don’t think we’ve seen anything that’s going to cause us to walk away.”

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