BIS Adds New Controls on Advanced Technologies

On September 6, 2024, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued an interim final rule in the Federal Register. This rule introduces new Export Control Classification Numbers (ECCNs) and export controls on "several semiconductor, quantum, and additive manufacturing items for national security and foreign policy reasons."

The rule seeks to align with controls "implemented by several international partners," creating a new framework within the Export Administration Regulations (EAR) to "identify items for which controls are harmonized with the Implemented Export Controls (IEC) of international partners." Specifically:

• IEC items are identified by ECCNs in the "900 series" of the Commerce Control List (CCL) (e.g., 3A901);
• License Exception IEC will allow exports and reexports "to specified destinations whose governments have implemented equivalent controls on the same items as the United States;" and
• Certain existing ECCNs will be revised to incorporate the changes outlined in the rule.

The rule is effective on September 6, 2024, although certain requirements will not need to be met until November 5, 2024.

Comments on the rule are due by November 5, 2024.

The interim final rule can be found here:
https://www.federalregister.gov/documents/2024/09/06/2024-19633/commerce-control-list-additions-and-revisions-implementation-of-controls-on-advanced-technologies