Final
Meeting of The 42nd JSTC
Minutes
February 16-17, 2012
Hsinchu, Taiwan
February 16
Before the JSTC meeting, the chair of the Semiconductor Industry Association in
Chinese Taipei, serving as JSTC chair, hosted a breakfast meeting for the Chairs,
association heads and counsel during which they reviewed the agenda and key points
for discussion.
The JSTC Chair from the Semiconductor Industry Association in Chinese Taipei
opened the 42nd meeting of the JSTC by welcoming all delegations to Hsinchu. He
expressed his expectations for a productive meeting.
Counsel for the Semiconductor Industry Association in the Chinese Taipei
reviewed the antitrust guidelines, which were circulated to each person attending the
meeting in hard copy and electronically.
Next, the delegation members from each semiconductor industry association
introduced themselves. The chair then reviewed the JSTC agenda, noting that per the
decision of the prior JSTC, there would be no presentations summarizing the prior
meetings, although written summaries of prior meetings are listed on the file server.
1. Cooperative Approaches in Protecting the Global Environment
The Semiconductor Industry Association in Chinese Taipei, as chair of the ESH TF,
gave a presentation to the JSTC regarding the work of the ESH TF since the last JSTC
meeting.
PFC Working Group - The Chair discussed the PFC WG’s preliminary 2011 PFC data
collection efforts, the reduction in absolute and normalized emissions based on preliminary
data, plans to review final data, and an update to the best practice implementation
document under the new voluntary agreement program to 2020. This draft level data
indicates that the trend of both absolute and normalized emissions was downward. He
noted that the complete 2011 dataset and best practice implementation document will be
finalized by the group in the coming weeks.
Page 1
Final
The JSTC thanked the WG for this effort. Some associations noted that it was
important to have public information relating to the PFC voluntary program communicated
every year as outlined in the voluntary agreement
ACTIONS
- ESH TF to finalize 2011 data collection for PFC emissions before May 2012 WSC
Meeting.
- ESH TF to agree upon Best Practices document before May 2012 WSC meeting.
Chemical Working Group -- The Chair then discussed the Chemical WG’s continuing
work on a number of issues of potential concern, including California green chemicals
regulation; nanomaterials regulation, SAICM activities (the UN Strategic Approach to
International Chemical Management program), EU REACH activity, PFOA regulations, and
India RoHS. He also noted the Working Group’s work on preparing relevant policy papers
on several issues, including a paper entitled “Essential Considerations for the Regulation of
Chemicals Used in Semiconductor Manufacturing and Products”, which has been completed,
and another on nanomaterials, which is pending.
The JSTC voiced support for presenting the Chemical Policy Paper for WSC review
and approval in May after the paper is refined further.
ACTIONS
- ESH TF to continue to review all relevant regulations including the California
Green Chemistry regulations when they are issued.
- ESH TF to refine the policy paper with the objective that it should provide
governments/authorities with suitable information on essential considerations
for the regulation of chemicals used in semiconductor manufacturing and
products, and circulate the final paper by the May JSTC meeting to achieve JSTC
consensus.
Energy/Quantitative Targets Working Group – The chair discussed this WG’s
activities, including preparation work to come to a normalized and absolute energy
reduction forecast and target for 2010-2020, and noted the submissions by all associations
of “business as usual” (BAU) energy forecasted data. The chair explained that the
members had agreed on an 8% reduction below the BAU forecast. He noted the JSTC
action item from Arlington meeting was that the ESH TF would try to agree on a final
energy target.
Page 2
Final
The chair noted that cooperation with SEMI is important and that pursuant to the
JSTC action item the WG had made efforts to draft a policy paper on climate change and
energy conservation in cooperation with SEMI, but that these efforts were not successful.
ESH TF is continuing to work on the paper on its own as an external expression of WSC’s
past and future efforts to improve energy efficiency.
The ESH TF is responding to the GAMS request on greenhouse gases and product
regulations, which it will take on as an ongoing action item. As part of this process the
best practice document and PFC emission data will be released as agreed under the
voluntary agreement.
Next, the ESH TF chair expressed the concern of the ESH TF that the scheduling of
the February meeting does not allow for adequate time to collect and analyze PFC, Energy
and QT data in the new year. The ESH TF suggested moving the first ESH and JSTC
meetings of the year to the end of March.
The JSTC commended the energy WG for its hard work and productivity. Some
associations urged the WG to refine the forecast and goals on energy reduction, to consider
setting a more nuanced target that could be explained more easily and more credibly to
governments and authorities. Associations also asked the TF to plan for revisions to the
forecast over time so that one number is not used for ten years, and to clarify details and
deliverables.
Some associations expressed concerns about the feasibility of changing the regular
February meeting schedule. The JSTC agreed to keep the meetings in February for the
time being, but also agreed to add the proposal to the agenda of the WSC 2.0 TF for
further consideration at its next meeting in February of 2013.
Finally, the ESH TF Chair reported to the JSTC that the ESH TF had reviewed its
operations and had decided that the task force and its working groups should continue in
operation, and that there should be no change in the current schedule of two meetings per
year, aside from the proposal to move the February meeting to March.
ACTIONS
- ESH TF to consider setting a more refined energy target that could be explained
more easily and more credibly to governments and authorities with the target of
completing this task by the September meeting
- ESH TF to continue to fulfill the GAMS requests on Greenhouse gases and product
regulation with the target of reporting progress on this task by the September
Page 3
Final
meeting
- ESH TF to provide to the JSTC a draft insert to the WSC Joint Statement by the May
JSTC meeting.
2. Conflict Minerals
The Semiconductor Industry Association in the United States presented an
update on conflict minerals legislation, noting that the SEC had not yet issued the much
anticipated regulations on this topic, but that these were expected as early as this month. .
The presentation also described the Conflict Free Smelter (CFS) program and called on
semiconductor companies to support the CFS program.
ACTION
- SIA in the US will supply information to other associations if the SEC regulations
are promulgated.
3. IPTF Report to JSTC
The Semiconductor Industry Association in Korea, chair of the IPTF, reported on the
IPTF meeting.
After summarizing the IP regional update reports by the TF member associations,
the IPTF discussed approaches to improving patent quality, mindful of the GAMS Chair
summary statement that “The GAMS welcomes the continued efforts of the WSC to identify
areas for improvement of patent quality around the world. The GAMS also supports the
WSC’s plans to correspond regularly with the PTOs of GAMS members on patent quality
improvement, and also to explore ways to coordinate patent quality efforts with WIPO.”
The IPTF considered the following suggestions for improving patent quality: (i)
adoption of best metrics for collection of data from PTOs; (ii) improvement of utility model
patents;(iii) improvement of PCT searches; (iv) adding a new survey topic on the number
of patents invalidated each year; (v) seeking WIPO assistance in collecting patent quality
metrics; (vi) enhanced prior art searches; (vii) harmonization of internal procedures for
evaluation ; (viii) encouragement of the SPLT; and (ix) enhancement PCT procedure.
One immediate objective of the IPTF will be to agree on a proposed letter from the
WSC to the WIPO calling on WIPO to collect and retain data on patent examination by PTOs
Page 4
Final
around the world, and suggesting two templates for this purpose. The IPTF Chair noted
that the chair had proposed holding a special IPTF meeting in May 2012 to finalize the
patent quality and other proposals before the WSC meeting, and to formulate a strategy
for cooperating with the WIPO.
The JSTC discussed the presentation and a question was raised as to why a special
meeting in May was warranted. Other associations supported a special May meeting, and
one association requested the IPTF chair to circulate a specific proposed agenda for the
special meeting.
The JSTC Chair urged the parties to try to reach agreement on a special
meeting offline, and to report back on the issue at the Friday session.
The IPTF chair also provided an overview of discussions at the TF on the status and
progress of anticounterfeiting efforts in the GAMS regions, including a review of multilateral
actions proposed by GAMS, and an update on enforcement actions and customs
cooperation in some jurisdictions.
The JSTC noted that at its next meeting the IPTF will consider visiting WIPO in
Geneva before or after the September Berlin meeting, and also that associations will
provide information to the TF about their customs recordation procedures.
During the JSTC meeting, updates were provided on sentencing in a recent US
anticounterfeiting enforcement action in the United States, and also on a request for all
associations to share information about how to record trademarks with a view toward
better anticounterfeiting enforcement.
ACTIONS
- IPTF to present proposed language for the Joint Statement by the May JSTC
meeting.
- IPTF to present draft letter from WSC to WIPO on patent quality by the May
JSTC.
- IPTF to prepare anticounterfeiting update for the WSC; Semiconductor Industry
Association in Europe to prepare initial draft which, after TF confirmation, will
be presented to JSTC at May 2012 meeting for approval to present to WSC.
4. Market Report
The Market Task Force Chair reported on the preparation of the market report,
including options for data collection.
He also reported on the preparation of a special
Page 5
Final
report on cloud computing and the semiconductor industry, and invited other associations
to provide suggestions on the topic.
The Market TF Chair reported to the JSTC that the Task Force had reviewed its
operations and had decided that the task force should continue in operation, and that there
should be no change in the frequency of meetings.
ACTIONS
- Market TF and JSTC participants are encouraged to submit to the Market TF
Chair any comments on the special report or any other topics for consideration
within two weeks following the JSTC meeting.
- Market TF chair to make a proposal via email within two weeks of JSTC meeting
in regards to collecting R&D data by region.
- Associations are encouraged to submit proposals to the Market TF Chair within
four weeks following the JSTC meeting regarding the gathering of capacity data
submissions in the absence of traditional avenues.
- TF to prepare proposed language for the Joint Statement by the May JSTC
meeting.
5. Regional Stimulus
The Semiconductor Industry Association in the United States, chair of the regional
stimulus task force, presented on this subject to the JSTC. It noted the GAMS Chair’s
Summary language that “GAMS requests that the WSC endeavor to achieve a better
understanding on key concepts and questions in this area. The GAMS notes that in the
2009 Chair’s Summary on Regional Stimulus, it specifically agreed to explore the possibility
of the utilization of communication mechanisms to achieve a favorable environment for the
international semiconductor market and would appreciate further WSC input in this
regard.”
The TF Chair then summarized the proposal of the Semiconductor Industry
Association in the United States for a mechanism at the GAMS for timely notification of
bailouts by relevant governments and the definition of key terms relevant to this proposal.
The TF Chair also summarized views and concerns of other associations presented at the
TF meeting in Hsinchu. The chair then reviewed the proposed action items.
During the subsequent JSTC discussion on this proposal, other associations
expressed concern as to whether the action items were realistic. One association
Page 6
Final
expressed doubts that the bail-out topic was appropriate for the industry to discuss and
proposed to concentrate on positive stimulus measures. The TF chair responded that he
understood these concerns but that the TF would continue to try to find common ground on
a response to the GAMS.
The TF Chair reported that the group reviewed its operations and had decided that
the task force should continue in operation, and that there should be no change in the
frequency of meetings.
ACTIONS
- Continue discussion of this issue at the May JSTC meeting.
- Seek to achieve a better understanding on key concepts and questions in this
area as per the GAMS request.
- Seek to achieve a WSC position on communication mechanisms this year to be
able to provide to GAMS.
6. Export and/or Import Regulatory Restrictions
The Semiconductor Industry Association in China presented on export and/or
import regulatory restrictions. After reviewing prior statements on this subject by the WSC
and GAMS, the TF chair then provided a status update on the issue, including reports to
respective GAMS representatives, as well as comments by other associations
that a
definition of a workable scope and goal on this subject be needed, such as a clear
understanding on related restriction regulations.
Some associations said they are in
principle willing to cooperate and contribute, but requested that the TF Chair provide first
further details about the proposed scope of the task force for their consideration, and said
that these details should come from the task force chair. TF members agreed to go off line
to further consider the scope of the TF and action items. They later reported back to the
JSTC on the consensus action items listed below.
Finally, the TF Chair reported to the JSTC that it had reviewed its operations and
suggested that the task force should continue in operation.
ACTIONS
- Each association to provide information on relevant developments related to
administrative issues on export controls, and identify means for communication on
export control related matters, including opportunities for engagement on
Page 7
Final
issues/regulations affecting the semiconductor industry and report to the
Semiconductor Industry in China by April 30, 2012.
- Semiconductor Industry in China will consolidate such reports and prepare a
presentation for the Export/Import Task Force, at the JSTC meeting in May,
2012.
7. MCP/MCO
The Semiconductor Industry Association in Europe, chair of the MCP/MCO TF,
reviewed prior statements on the issue by GAMS, and reported on efforts since the
September GAMS to make progress towards agreement on a MCO definition. The TF chair
presented on a meeting of a GAMS Customs Working Group on MCOs, held in Brussels on
24 November 2011, noting that the conclusion from that meeting was that participants
would consult with industry on outstanding issues and taking into account the possible
needs to schedule another meeting in 2012.
The MCP/MCO TF chair also reported on the deliberations of the TF meeting in
Hsinchu. He reported that:

Each association had provided a status update on actions taken following September
2011 JSTC meeting.

One association had expressed that their GAMS representative believed value
content was meaningful and important; however, this association found that it is
very hard for the industry to find a way to execute in practice.

The other five associations had indicated their objection to a value add approach.

The Semiconductor Industry in the United States had made a request to consider
the Semiconductor Industry in China proposal of 20 January 2012 as a possible way
of moving forward, recognizing that all parties need to work toward consensus.

The TF had discussed timing of the WCO HS 2017 revision process.

All associations recognize the need to work on an appropriate wording for MEMS in
conjunction with ongoing government to government discussions on this issue.
The JSTC thanked the MCP/MCO TF for its efforts to find a compromise, noted the
amount of work yet to be done on finalizing an MCO definition and encouraged the TF to
redouble its efforts to reach agreement on a definition
The MCP/MCO TF Chair reported to the JSTC that the group had reviewed its
operations and had decided that the task force should continue in operation, focusing on
achieving its goals, and will review its operations again no later than in February 2013.
Page 8
Final
The JSTC also agreed that the frequency of meetings should remain flexible based upon
what is required to achieve a consensus on an MCO definition as soon as possible.
The JSTC agreed on the following three goals for the TF:
1.
Achieving industry agreement on a MCO definition by WSC 2012.
2.
Industry expectation is that a duty free agreement for MCO will be reached by GAMS
in the GAMS 2012.
3.
Achieving inclusion of a consensus MCO definition in the 2017 HS revision.
ACTIONS
- Semiconductor Industry Association in the United States to inform other
associations by March 2 of the date of the face-to-face TF meeting it will host in
Beijing in April.
- Semiconductor Industry Association in Europe to draft a summary of the current
proposals for MEMS wording and by March 3, 2012 provide such summary to all
Secretariats for comments by March 17, 2012.
- With an eye to exploring possible ways to facilitate convergence of GAMS on a
definition for MCOs, all associations to provide comments to the Semiconductor
Industry Association in China on its proposal by March 17, 2012.
- The Semiconductor Industry Association in China to circulate regional input it
received and a consolidated version one week prior to the date of the MCO meeting
in Beijing.
- All associations to assess the resulting proposal in preparation for WSC, and decide
upon next steps, including inserts to the Joint Statement.
8. Encryption
The Semiconductor Industry Association in Europe, chair of the Encryption
Certification and Licensing Regulations TF, reviewed the GAMS Chair’s Summary statement
that “GAMS would welcome further WSC inputs on the semiconductor perspective on
encryption and on the role of semiconductors in addressing global information technology
challenges, and reporting back in 2012.”
The chair then gave a presentation on the discussions in the TF meeting in Hsinchu,
including an outline for a response to GAMS covering the development of technology and
markets; the kind of markets and applications (commercial markets, commonly and widely
available applications, and systems of governments and authorities); best practices;
information security standards; and market access (regulatory trends, availability of
Page 9
Final
information, and testing and certification).
The outline was agreed by 5 associations, one association committed to provide a
feedback on the outline by March 2nd.
The JSTC noted that there is consensus for the TF to continue in operation until the
September 2012 GAMS meeting in order to provide time for the TF to seek to agree upon
substantive comments to the GAMS on this issue. The TF will then consider at that time
whether to continue in effect beyond September.
ACTIONS
- The Semiconductor Industry Association in China to provide comments on the
outline by March 2, 2012 and the TF to agree by April 2 on which topics to be
covered in the response to GAMS, based on the inputs received.
- Task force to elaborate on each of the elements in the agreed outline and
provide the result to the WSC at the May meeting in order to provide a
constructive response to GAMS in September 2012.
9. WSC 2.0
The Semiconductor Industry Association in Japan presented the WSC 2.0 report. It
was noted that pursuant to the decision at the last JSTC meeting, JSTC and WSC
summaries from prior meetings were on the file distributor, but there was no oral
presentation at this JSTC meeting.
Per the JSTC action item from the 2011 September meeting, and consistent with
Article III.D. of the WSC Charter, the JSTC decided to change the IP TF, ESH TF, and Market
TF to committees, since they are permanent in nature.
It was also noted that the JSTC required that, starting at this meeting and thereafter
at every February JSTC meeting, each committee and task force should conduct an annual
review of its mandate and should recommend to the JSTC whether or not the committee or
task force should continue in effect, and also if there should be a change in the frequency
of its meetings. This includes a review and report on any working groups created by such
committee or task force. The JSTC then will decide whether to approve these suggestions
at the February JSTC.
The Chair of the WSC 2.0 TF reported to the JSTC that it had reviewed its operations
Page 10
Final
and had decided that the task force should continue in operation. However, he also noted
that (having made significant progress) the TF had decided it would be more efficient to
change the frequency of its meetings to once per year, in September, in order to conduct
an evaluation of the previous WSC meeting and to consider how to further improve the
operations of the WSC. Additional meetings could be arranged by TF agreement as
necessary. The TF also decided that the Chair position should rotate each year and the host
of the WSC should serve as the WSC 2.0 chair.
The JSTC chair asked for a roll of each Committee and Task Force to confirm this
first annual review had been done. The chairs of each of the following confirmed that they
had reviewed their operations and had decided to continue in operation, and also advised
on the frequency of meetings:
- IP Committee
- ESH Committee
ESH Energy/QT Working Group
ESH PFC Working Group
ESH Chemicals Working Group
- Market Committee
- MCO/MCP TF
- Encryption Certification & Licensing Regulations TF (at least until September)
- WSC 2.0 TF (change frequency to once/year in September).
- Web site TF
- Export and/or Import Regulatory Restrictions TF
- Regional Stimulus TF
The Semiconductor Industry Association in Chinese Taipei then confirmed that draft
amendments to the Basic Guidelines implementing these and other minor changes would
be circulated to members, and welcomed comments and suggested edits. It said the JSTC
chair would seek final approval of the amendments to the guidelines at the Friday session.
One association expressed concern that an increasing number of committees and
task forces could affect the efficiency of JSTC functioning, and called on the WSC 2.0 TF to
consider at its next meeting whether rule changes on the creation and termination of
committees and task forces would address this concern. Another association noted that
creation and termination of committees and task forces was governed by the consensus
voting rules of the JSTC.
The JSTC thanked the WSC 2.0 TF for its work, and commended the TF for the
changes it has suggested, which have improved the functioning of the WSC and JSTC.
Page 11
Final
ACTIONS
- TF to hold Next meeting in September 2012, to be chaired by the Semiconductor
Industry Association in the United States.
- At the September 2012 meeting, TF to consider ESH TF proposal to delay
February meetings to end of March.
10. Review Website
The Semiconductor Industry Association in the United States, as TF chair, reported
on the TF’s efforts to upgrade the website. He noted that the TF approved a proposal to
launch the new website within the next three weeks and provide comments on the live
version for further refinement following the launch. He noted that the content from the
current website will still be available, and also that the TF had approved using the current
central file distributor for future meetings. The chair noted that the Semiconductor
Industry Association in the United States was working on identifying a new logo for the
WSC, and invited other associations to send notice if their association logos have been
updated.
The JSTC Chair thanked the TF for its excellent work.
The Chair of the website TF reported to the JSTC that it had reviewed its operations
and had decided that the task force should continue in operation, and that there should be
no change in the frequency of meetings.
ACTIONS
- The Semiconductor Industry Association in the United States to notify
secretariats when updated website goes live.
- Associations to review updated WSC website and provide comments to Website
TF chair within two weeks after it goes live, so comments/suggestions can be
incorporated.
- Associations to split the estimated $300 USD cost to engage an open-source
design competition to create an updated logo for the WSC.
- Associations to review WSC logo design and submit feedback as to their
preferred logo(s) within two weeks after proposed logo designs are distributed.
Page 12
Final
11. EICC
The Semiconductor Industry Association in the United States reported further on the
Electronic Industry Citizenship Coalition (EICC) in the context of increasing social
responsibility demands on the supply chain. It provided an overview of the Electronic
Industry Citizenship Coalition, and also the Electronic Industry Code of Conduct.
On the
latter, it was noted that new or revised code provisions are expected with respect to
privacy, human trafficking, anti-corruption, non-retaliation. The presentation also covered
the California Transparency in Supply Chains Act of 2010, and also new provisions on
supply chain/conflict materials.
12. Membership
The Chair asked if any associations had information on potential new WSC members.
No association reported on new information.
13. Confirm Upcoming Schedule
The Semiconductor Industry Association in the United States reported that the next
JSTC/WSC meeting would be held on May 22-25, 2012 at the Saratoga Hilton Hotel in
Saratoga Springs, New York.
The Semiconductor Industry Association in Europe reported that the fall 2012 ESH
TF/JSTC/GAMS meetings would be held on September 24-28, 2012 at the Kempinski Hotel
Bristol in Berlin.
The Semiconductor Industry Association in the United States noted that it is
considering three cities in California as possible locations for the February 2013 JSTC
meeting. No associations expressed a preference among the cities and Semiconductor
Industry Association in the United States said that it will soon announce the location.
The schedule table as approved at the September 2011 JSTC is as follows:
2011
ESH TF/JSTC
JSTC/WSC
ESH TF/
JSTC/GAMS
China
Japan
US
ISESH
US
Page 13
Final
2012
Chinese Taipei
US
Europe
China
2013
US
Europe
Korea
Postpone
2014
Japan
Chinese Taipei
Japan
Europe
2015
Korea
China
US
Korea
2016
China
Korea
Europe
Japan
2017
US
Japan
Korea
2018
Europe
US
Japan
Chinese Taipei
US →
Postpone？
After the confirmation of the upcoming schedule, the JSTC adjourned for the day.
February 17
Unfinished Business
1. IPTF – Further report on special meeting May in New York.
The JSTC thanked the Semiconductor Industry Association in Korea for
providing a detailed agenda for the proposed special meeting of the IPTF in New
York in May. After discussion, the JSTC agreed to hold a special IPTF meeting in
New York in May prior to the JSTC meeting.
2. Export TF – Further report on proposed scope of TF.
The JSTC agreed to proposed scope and action item language for the TF.
3. WSC 2.0 – Amendments to the Basic Guidelines.
The JSTC agreed to the amendments to the Basic Guidelines, which the
Semiconductor Industry Association in Chinese Taipei will upload and circulate to
secretariats.
4. MCO – April meeting.
The JSTC agreed that the Semiconductor Industry Association in the United
States will host a face-to-face MCO TF meeting in Beijing to agree upon next steps
toward a consolidated MCO definition, during either 9-13 April or 16-20 April. The
Semiconductor Industry Association in the United States agreed to announce dates
after consulting with other TF members.
Review of JSTC minutes
Page 14
Final
The Semiconductor Industry Association in Chinese Taipei presented the draft
minutes for the JSTC meeting on Thursday. The JSTC edited and approved the minutes.
Each association thanked the Semiconductor Industry Association in the Chinese
Taipei for hosting. The 42nd JSTC then adjourned.
Page 15