Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced
that it had approved an advance notice of proposed rulemaking (ANPRM) for a
Department of Commerce rule
on “Identification and Review of Controls for Certain Foundational Technologies”.
The ANPRM could be expected to be published in the coming weeks.
According to the abstract for this rulemaking in the Spring
2020 Unified Agenda:
“In this advanced notice of
proposed rulemaking, BIS [Bureau of Industry and Security] seeks comment on the
scope of potential foundational technologies as well as on the criteria for
determining which of those technologies, and therefore the related items, are
essential to national security, pursuant to applicable sections of the Export
Control Reform Act of 2018.”
This rulemaking would implement the requirements of 50
USC 4817 to identify emerging and foundational technologies that are
essential to the national security of the United States, but not already
controlled by current export control regulations.
I will be watching for this ANPRM for its potential to impact
export controls on cybersecurity systems and research similar to what we saw
with the 2017
Wassenaar rulemaking.
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