Saturday, August 13, 2022

Latest BIS IFR Does Not Affect Cybersecurity Devices

The DOC’s Bureau of Industry and Security published an interim final rule in Monday’s (available on line today) Federal Register (87 FR 49979-49986) on “Implementation of Certain 2021 Wassenaar Arrangement Decisions on Four Section 1758 Technologies”. I wrote about this rulemaking being approved by OMB’s Office of Information and Regulatory Affairs earlier this month, without knowing what matter would be covered. The four technologies covered in this rulemaking have nothing to do with cybersecurity.

These Wassenaar rules are implementations of international agreements reached under the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. This particular rule deals with four technologies that meet the criteria of Section 1758 of the Export Control Reform Act (50 USC 4817). It makes the changes to the following Export Control Classification Numbers:

• Adds to ECCN 3C001 new paragraphs .e for Ga2O3 and .f for diamond,

• Amends ECCN 3C005 by adding Ga2O3 and diamond to ECCN 3C005 paragraphs .a and .b, respectively,

• Adding new ECCN 3D006 to the CCL to control ECAD “software” “specially designed” for the “development” of integrated circuits having any GAAFET structure and meeting the parameters set forth in ECCN 3D006, and

• Adds paragraph [ECCN] 9E003.a.2.e to control development and production technology for combustors utilizing `pressure gain combustion' that are not described on the USML.

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