Commercial Information Circulars
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Ref. :EIC 111/2
19 November 2018
Commercial Information Circular No. 1047/2018
US : Review of Control for Certain Emerging Technology: Request for public comments
The Bureau of Industry and Security (BIS) of the US Department of Commerce (DoC) issued on 19 November 2018 an advance notice of proposed rulemaking (ANPRM) in the Federal Register (FR) seeking public comments on criteria for identifying emerging technologies that are essential to US national security. Comment on this ANPRM will help the US authorities propose specific emerging technologies for control. Comments should be submitted to the BIS on or before 19 December 2018.
2.The BIS controls the export of dual-use and less sensitive military items through the Export Administration Regulations, including the Commerce Control List (CCL). However, certain technologies may not yet be listed on the CCL or controlled multilaterally because they are emerging technologies. As such, they have not yet been evaluated for their national security impacts.
3.Pursuant to the Export Control Reform Act of 2018, the DoC is authorized to establish appropriate controls, including interim controls, on the export, re-export, or transfer (in country) of emerging and foundational technologies. Such technologies will be determined by an interagency process that will consider both public and classified information as well as information from the relevant committees.
4.The BIS issued the ANPRM seeking public comments by 19 December 2018 on criteria for identifying emerging technologies that are essential to US national security. Comment on this ANPRM will help inform the interagency process to identify and describe such emerging technologies. This interagency process is anticipated to result in proposed rules for new Export Control Classification Numbers on the CCL.
5.For further details of the ANPRM, please refer to the relevant FR notice at https://www.gpo.gov/fdsys/pkg/FR-2018-11-19/pdf/2018-25221.pdf.
6.For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.
(Miss Ivy TAM)
for Director-General of Trade and Industry
Note: While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.