The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register on August 27, 2020 an advance notice of proposed rulemaking (ANPRM) for foundational technologies. BIS is soliciting public comments until October 26, 2020 to help identify foundational technologies essential to U.S. national security (“Foundational Technologies ANPRM”). This long-awaited ANPRM marks the start of an intra-agency review process implementing a key provision of the Export Control Reform Act of 2018 (ECRA) (see 50 U.S.C. Chapter 58 at § 4817), in which Congress directed BIS to establish controls on the export, re-export and in-country transfers of “foundational technologies.” In this bulletin, we summarize what you can expect next from BIS and the key takeaways from this recent action.
- The long-awaited advanced notice of proposed rulemaking (ANPRM) kicks off an intra-agency review process authorized by the Export Control Reform Act to determine what additional export controls should be implemented on foundational technologies essential to U.S. national security.
- The ANPRM signals a change in strategy from BIS’s previous issuance of a similar ANPRM for emerging technologies, relying more on industry for guidance on the definition and categories of foundational technologies.
- BIS is accepting public comments until October 26, 2020.