News & Noteworthy

Technology Controls, Part III: Definition of "Required"

Posted by John Sturtevant on Mar 12, 2019 11:10:23 AM

We're back with Part III of our blog series in understanding “technology” controlled under the EAR. In Part I, we explored the concept of controlled technology. Then, in Part II, we examined the three different types of technology (“development,” “production,” and “use”) and how they are applied in practice. Now, in this Part III post, we’re examining what it means when an ECCN controls technology that is “required” for the development, production, or use of an item on the CCL (and also what it means when a control entry doesn’t include the defined term “required”).

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Topics: Export Compliance, Commodity Classification, Technology

Heightened Scrutiny for "Emerging" Technologies

Posted by Chalinee Tinaves on Nov 21, 2018 8:41:37 AM
This week the Bureau of Industry and Security (BIS) published an advance notice of proposed rulemaking (ANPRM) seeking comments from the public on criteria for identifying “emerging technologies” essential to U.S. national security. As part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA), the Export Control Reform Act of 2018 (ECRA) authorized the Department of Commerce to establish appropriate controls for exports of “emerging and foundational technologies.” However, at the time, what was covered under this phrase was not clear. BIS took a step forward this week by identifying several technology sectors of concern. 
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Topics: BIS, Export Compliance, Technology