Bureau of Industry and Security seeks help in defining the term “foundational technologies”

On August 27, 2020 the Department of Commerce’s Bureau of Industry and Security (BIS) published an advance notice of proposed rulemaking on “foundational technologies” and asked for industry input as the agency crafts a definition for the term, which was not clearly delineated in the notice. Defining foundational technologies is key to the implementation of the Export Control Reform Act, passed in 2018 as part of the fiscal year 2019 National Defense Authorization Act. ECRA directed the administration to establish an “ongoing interagency process to identify emerging and foundational technologies.”  BIS is asking interested parties to comment on:

  • how to further define “foundational technology” and how to identify such technologies
  • what criteria should be used to identify anti-terrorism controls that should be covered
  • the status of development of foundational technologies in the U.S. and other countries
  • the impact that specific controls could have on that development
  • examples of end-use controls rather than technology-based controls
  • what enabling technologies, “including tooling, testing, and certification equipment,” should be covered by the definition of foundational technology; and
  • other approaches BIS could take in identifying foundational technology.

The rule may be reviewed here.

Comments are due on or before October 26, 2020.

You may submit comments through the Federal eRulemaking Portal: http://www.regulations.gov. The identification number for this rulemaking is BIS-2020-0029.

Advocacy contact: Major Clark

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