# 15 CFR § 231.101: Existing facility

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-15-231.101

## Section

- **Citation:** 15 CFR § 231.101
- **Heading:** Existing facility
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 15—Commerce and Foreign Trade > Subtitle B—Regulations Relating to Commerce and Foreign Trade > CHAPTER II—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT OF COMMERCE > SUBCHAPTER C—CHIPS PROGRAM > PART 231—CLAWBACKS OF CHIPS FUNDING > Subpart A—Definitions

## Text

Existing facility means:
(a) Any facility, the current status of which, including its semiconductor manufacturing capacity, is memorialized in the required agreement entered into by the covered entity and the Secretary pursuant to 15 U.S.C. 4652(a)(6)(C) and based on the Secretary's assessments of historical capacity measurements. Only facilities built, equipped, and operating prior to entering into the required agreement are considered to be existing facilities. A facility that undergoes significant renovations not memorialized in the required agreement shall no longer qualify as an existing facility.
(b) Notwithstanding paragraph (a) of this section, in the case of a facility that is being equipped, expanded, or modernized at the time of entering into the required agreement, the Secretary may, at their discretion, memorialize the planned semiconductor manufacturing capacity of that facility or any appropriate lower semiconductor manufacturing capacity in the required agreement and deem such facility an existing facility.

## Nearby sections

- [15 CFR § 231.101 § 231.101 Existing facility.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.101.md)
- [15 CFR § 231.102 § 231.102 Foreign country of concern.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.102.md)
- [15 CFR § 231.103 § 231.103 Foreign entity.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.103.md)
- [15 CFR § 231.104 § 231.104 Foreign entity of concern.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.104.md)
- [15 CFR § 231.105 § 231.105 Joint research.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.105.md)
- [15 CFR § 231.106 § 231.106 Knowingly.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.106.md)
- [15 CFR § 231.107 § 231.107 Legacy semiconductor.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.107.md)
- [15 CFR § 231.108 § 231.108 Material expansion.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.108.md)
- [15 CFR § 231.109 § 231.109 Members of the affiliated group.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.109.md)
- [15 CFR § 231.110 § 231.110 Person.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.110.md)
- [15 CFR § 231.111 § 231.111 Predominately serves the market.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.111.md)
- [15 CFR § 231.112 § 231.112 Required agreement.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.112.md)
- [15 CFR § 231.113 § 231.113 Research and development.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.113.md)
- [15 CFR § 231.114 § 231.114 Secretary.](https://www.frixlaw.com/law-library/statutes/ecfr-15-231.114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-15-231.101. Check the current official text before relying on it. Not legal advice.