Export Control

BIS considers export controls on foundational technologies

On August 27, BIS published an advance notice which announced the start of their review of foundational technologies pursuant to section 1758 of the Export Control Reform Act of 2018. More specifically, BIS is considering potential export controls on “foundational technologies” as well as commodities (i.e., hardware, production equipment and materials) and software. Currently the notice only requests industry comments, which can be made through October 2020, as the Bureau seeks to define the term “foundational technologies” and understand what types of controls might be appropriate.

Then, with input on the technologies within scope, BIS could increase controls on items already subject to anti-terrorism controls on the Commerce Control List, place new controls on previously uncontrolled items classified for export as EAR99, and also establish a framework for future identification of fundamental technologies. As for a timeline, the previous implementation of restrictions concerning emerging technologies suggests that BIS could begin implementing specific new controls, or expand existing controls, on foundational technologies as soon as early 2021.

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