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U.S. Launches Review of Export Controls on Emerging Technologies: Five Key Takeaways

(Sidley Austin LLP)

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) has published an advance notice of proposed rulemaking (ANPRM) initiating a 30-day public comment process regarding export controls for certain emerging technologies.

The notice launches the implementation of a key provision of the Export Control Reform Act of 2018 (ECRA), part of the National Defense Authorization Act for fiscal year 2019 (NDAA). In the ECRA, Congress authorized BIS to establish controls on the export, reexport and transfer (in country) of “emerging and foundational technologies.” The ANPRM, including a list of the 14 proposed representative technology categories and subcategories subject to review, can be found here.

Key Takeaways

1. No New Controls Have Been Implemented (Yet).

Importantly, the ANPRM does not immediately change the export controls on any items that fall within the 14 representative technology categories. There is also no guarantee that stricter controls will be placed on any of the enumerated technologies. The purpose of the ANPRM is to solicit public feedback on how to identify and control emerging technologies. Click here to read more.