WASHINGTON, D.C. – Today, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published an interim final rule (IFR) amending the Export Administration Regulations (EAR) to reinforce the United States’ leadership and participation in global standards development, while continuing to prevent transfers of technology that harm our national security. This IFR ensures that U.S. companies can actively participate in the development of international standards without being unreasonably hindered by export controls and associated compliance concerns. Without the revisions to the EAR announced today, there is greater risk that standards would be developed without the participation and input of U.S. companies, which harms U.S. national security.

“As the national security threat environment continues to evolve, today’s rulemaking represents a pivotal step towards ensuring that the United States remains at the forefront of technology standards that shape the future,” said Alan Estevez, Under Secretary for Industry and Security. “Today’s rule will facilitate innovation and participation in a way that reflects our national security interests.”

“U.S. participation in international standards development is vital to our national security,” said Thea D. Rozman Kendler, Assistant Secretary for Export Administration. “Today’s action will empower U.S. participation and leadership in legitimate standards-related activities by removing unnecessary barriers to participation.”

Key updates include:

• Revising the definition of standards-related activities to accurately reflect the U.S. model of public-private cooperation in standards to further global innovation and trade.
• Clarifying the applicability of export controls to specific “software” and “technology” for “standards-related activity” to promote transparency and effectiveness in U.S. contributions to global standards.

In addition, this rule is essential in supporting ongoing efforts under the U.S. Government National Standards Strategy for Critical and Emerging Technology (USG NSSCET), which aims to enhance U.S. leadership in the development of standards for critical technologies. By facilitating easier participation, the rule advances U.S. interests in global technology standards, which are pivotal in shaping the future of industries and ensuring security benefits derived from technological advancements.

Additional Information:

The text of the rule is available on BIS’s website here. This rule is effective immediately upon publication in the Federal Register. BIS is inviting public comments on this interim final rule, and the deadline for public comments is 60 days after publication. Stakeholders are encouraged to submit their feedback by the deadline to ensure that the final provisions reflect broad industry and public input. You may submit comments, identified by docket number BIS-2020-0017 or RIN 0694-AI06, through the Federal eRulemaking Portal: http://www.regulations.gov.