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Export Regulations Revised to Add Developing Technologies

The DOC’s Bureau of Industry and Security has issued a final rule that effective 23 May revises the Commerce Control List to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies at the December 2018 WA plenary meeting. Specifically, this rule revises ECCNs 3A001, 5A002, 6A001 and 9A004 and adds ECCN 3D0005 to add to the CCL the following recently developed or developing technologies essential to U.S. national security.

  • discrete microwave transistors (a major component of wideband semiconductors)
  • continuity of operations software
  • post-quantum cryptography
  • underwater transducers designed to operate as hydrophones
  • air launch platforms

Shipments of items removed from licence exception eligibility or eligibility for export, re-export or transfer (in-country) without a licence (NLR) as a result of this rule that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export on 23 May pursuant to actual orders for exports, re-exports or transfers to a foreign destination may proceed to that destination under the previous licence exception eligibility or NLR so long as they have been exported, re-exported or transferred before 22 July. Any such items not actually exported, re-exported or transferred before midnight on 22 July will require a licence in accordance with this rule.

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