BIS Issues Long-Awaited Request for Public Comment on Foundational Technologies

On August 27, 2020, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued an advance notice of proposed rulemaking requesting public comment on the definition of, and criteria for identifying, “foundational” technologies that are essential to U.S. national security and should be subject to more stringent export controls.

The ANPRM marks another step toward implementing the long-delayed “emerging and foundational technology” provisions of the Export Control Reform Act of 2018.  Like the earlier ANPRM regarding emerging technologies, the rulemaking is still at a conceptual stage.

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