On March 29, 2021, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule (“Final Rule”) implementing changes to the Export Administration Regulations (“EAR”) that were agreed to at the December 2019 Wassenaar Arrangement Plenary meeting. Specifically, the Final Rule modified the reporting and self-classification requirements for exports of most mass-market encryption items and the email notification requirement for exports of publicly available encryption source code and beta test software.…
On 30 December 2019, the updated Annex I (the “Dual-Use List”) to Regulation 428/2009 (the “Dual-Use Regulation”) was published in the Official Journal of the European Union (see here). The updated Regulation came into effect on 31 December 2019. The changes to the Dual-Use List reflect updates to the international non-proliferation agreements during the previous year. The majority of the changes result from amendments agreed to the Wassenaar Arrangement including: a new decontrol note for…
The Bureau of Industry and Security (BIS) is extending the comment period for its November 19, 2018, advanced notice of proposed rulemaking (ANPRM), “Review of Controls for Certain Emerging Technologies” until January 10, 2019. In response to requests received from members of the public, BIS believes it is appropriate to extend the comment period to provide interested parties additional time to submit their responses to the ANPRM. See our previous blog post here.
On November 19, 2018, the Department of Commerce’s Bureau of Industry and Security (“BIS”) published a long-awaited advance notice of proposed rulemaking (“ANPRM”) seeking public comment on criteria for identifying “emerging technologies” that are essential to US national security with a view to imposing export controls on such largely uncontrolled technologies. This process is being undertaken pursuant to Section 1758 of the Export Control Reform Act of 2018 (“ECRA”), which mandates the establishment of a regular multi-agency process for identifying appropriate controls on emerging and foundational technologies that are “essential to the national security of the United States” and that are currently subject to no or very limited controls under other existing US export control regimes. (BIS also announced that it will issue a separate ANPRM in the future regarding the identification of foundational technologies that may be important to US national security.)