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Tech Industry Presses for More Time on New Export Control Process

The Export Control Reform Act provisions that became law on 10 November have resulted in a pilot programme and an advance notice of proposed rulemaking that is seeking input from interested parties by 19 December on the establishment of appropriate export controls on emerging and foundational technologies. A large and significant group of industry executives sent a letter on 28 November to Richard Ashooh, the assistant secretary of commerce for export administration in the U.S. Department of Commerce’s Bureau of Industry and Security, requesting a 60-day extension of the comment period.

The tech industry coalition, which includes such associations as the Biotechnology Innovation Organization, The Software Alliance, the Computing Technology Industry Association, the Consumer Technology Association, the Semiconductor Industry Association, the U.S. Chamber of Commerce, the Business Roundtable, the National Association of Manufacturers and the National Foreign Trade Council, is requesting this extension due to the complexity of updating the export control lists without impairing national security or hampering the ability of the U.S. commercial sector to keep pace with international advances in emerging fields.

BIS is inviting comments on (i) how to define emerging technology to assist in the identification of such technology in the future, (ii) criteria to apply to determine whether there are specific technologies within the above categories that are important to U.S. national security, (iii) sources to identify such technologies, (iv) other general technology categories that warrant review, (v) the status of development of these technologies in the United States and other countries, (vi) the impact specific emerging technology controls would have on U.S. technological leadership, and (vii) any other approaches to the issue of identifying emerging technologies important to U.S. national security, including the stage of development or maturity level of an emerging technology that would warrant consideration for export control.

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