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Export Regulations Revised to Add Developing Technologies

Friday, May 24, 2019
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective May 23, revises the Commerce Control List to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies at the December 2018 WA plenary meeting. Specifically, this rule revises ECCNs 3A001, 5A002, 6A001, and 9A004 and adds ECCN 3D0005 to add to the CCL the following recently developed or developing technologies essential to U.S. national security.

- discrete microwave transistors (a major component of wideband semiconductors)

- continuity of operations software

- post-quantum cryptography

- underwater transducers designed to operate as hydrophones

- air launch platforms

Shipments of items removed from license exception eligibility or eligibility for export, reexport, or transfer (in-country) without a license (NLR) as a result of this rule that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export on May 23 pursuant to actual orders for exports, reexports, or transfers to a foreign destination may proceed to that destination under the previous license exception eligibility or NLR so long as they have been exported, reexported, or transferred before July 22. Any such items not actually exported, reexported, or transferred before midnight on July 22 will require a license in accordance with this rule.

For more information, please contact export compliance attorney Kristine Pirnia.

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