Thursday, August 4, 2022

OMB Approves BIS Wassenaar Arrangement Interim Final Rule

Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that it had approved an interim final rule from the DOC’s Bureau of Industry and Security (BIS) on “Emerging and Foundational Technologies: Implementation of Certain 2021 Wassenaar Arrangement Decisions.” There was no notice of proposed rulemaking on this IFR.

As I noted when this rulemaking was sent to OIRA, the language of 50 USC 4817 is broad enough to include just about any emerging technology that someone could determine to be critical to the security of the United States. It could certainly include cybersecurity related emerging technologies. We will have to wait and see what technology is included in this rulemaking. That should not cause any problems (SIGH).

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