UPDATE:  BIS is extending the public comments deadline on emerging technology export controls from December 19 this year to January 10, 2019, per an unpublished Federal Register notice released on December 13. The proposed rule will officially appear in the Federal Register on December 14.

Posted on November 26, 2018

On November 19, 2018, the US Department of Commerce’s (Commerce) Bureau of Industry Security (BIS) published in the Federal Register an advance notice of proposed rulemaking (ANPRM) that seeks public comments to assist BIS with defining and identifying emerging technologies critical to the national security of the US that should be subject to US export controls. This particular ANPRM focused on “emerging technologies” and contained a proposed list of categories of emerging technology identified through an interagency process. The ANPRM, however, does not address “foundational technology,” which the National Defense Authorization Act (NDAA) for Fiscal Year 2019 also deems as critical to US national security. Foundational technology controls will be addressed in a separate notice, to be issued.

The ANPRM is particularly important because it indicates Commerce’s intention to impose export licensing requirements on currently EAR99 technology to China and other countries.

The proposed list of emerging technologies in this ANPRM included the following categories:

  • Biotechnology
  • Artificial intelligence (AI) and machine learning technologies
  • Position, navigation and timing (PNT) technology
  • Microprocessor technology
  • Advanced computing technology
  • Data analytics technology
  • Quantum information and sensing technology
  • Logistics technology
  • Additive manufacturing (e.g., 3D printing)
  • Robotics
  • Brain-computer interfaces
  • Hypersonics
  • Advanced materials
  • Advanced surveillance technologies

Continue reading here to learn more about the purpose of this ANPRM, why it may be relevant to your business, how you can help inform the process and logistics for the comment submission.