New Biotech Export Controls Expand CFIUS Mandatory Notification Requirements

Earlier this week, the U.S. Department of Commerce, Bureau of Industry and Security published a final rule imposing export controls on additional emerging technologies pursuant to the Export Control Reform Act of 2019.  We previously wrote about the process to identify and impose export controls on emerging and foundational technologies under the ECRA, as well as the steps taken in furtherance of that process, here and here.

Specifically, the Final Rule adds software designed for certain nucleic acid assemblers and synthesizers that is capable of designing and building functional genetic elements from digital sequence data, as well as technology for the development of such software, to the Commerce Control List under the Export Administration Regulations maintained by BIS. Similar to prior controls on three technologies related to chemical and biological warfare pursuant to the ECRA, these controls previously were adopted on a multilateral basis by the Australia Group.

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