Change is inevitable and in today’s world, it comes rapidly. To deal with these changes, in 2018, the Bureau of Industry and Security (BIS) created a committee to evaluate new technologies or “Emerging Technologies” through the Export Control Reform Act (ECRA). This Act required the Department of Commerce to establish export, re-export, and transfer controls on emerging technologies in order to ensure that new technologies critical to the national security of the United States are properly controlled. This resulted in many changes to the Commerce Control List (CCL).
The first controls were implemented in 2018 and covered five areas, including: microwave transistors, continuity of operation software, underwater transducers, post quantum cryptographic algorithms, and aircraft specially designed or modified to be air-launch platforms.
An additional six emerging technologies controls were agreed to at the Wassenaar Plenary Meeting in December of 2019. These controls were recently implemented.
The next controls came in June of 2020 covering chemical weapons precursors and single-use biological cultivation chambers.
These were followed by the addition of ECCN 0D521 to the Commerce Control List (CCL) in January of 2020. This new ECCN implemented controls on software related to the analysis of geospatial imagery.
On October 5, 2020, a final rule was put in place, implementing the multilateral controls agreed to at the Wassenaar Meeting in 2019. As a result, the following technologies were deemed essential to U.S. national security and were added to the CCL:
– 2B001: Hybrid additive manufacturing (AM)/computer numerically controlled (CNC) tools
– 3D003: Computational lithography software designed for the fabrication of extreme ultraviolet (EUV) masks
– 3E004: Technology for finishing wafers for 5nm production (this is a new ECCN)
– 5A004.b: Digital forensics tools that circumvent authentication or authorization controls on a computer (or communications device) and extract raw data
– 5D001.e: Software for monitoring and analysis of communications and metadata acquired from a telecommunications service provider via a handover interface, and
– 9A004.h, 9A515.a: Sub-orbital craft
These new ECCNs will likely generate new licensing requirements for manufacturers, software companies, service providers and exporters. It’s important to be prepared for these in advance. In light of these changes, exporters should review any products or product development in these areas for new controls.
If you need assistance in reviewing technologies or implementing these new controls, please schedule a no-charge consultation with one of our team members today.
Emmalie Armstrong is a Trade Compliance Consultant with Export Solutions – a firm specializing in U.S. import/export regulations.