Background

The Bureau of Industry and Security has issued an interim final rule that revises the Commerce Control List as well as the corresponding parts of the Export Administration Regulations to implement controls on four technologies. These changes reflect certain controls decided by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies at the December 2021 WA Plenary meeting.

The newly controlled technologies are two substrates of ultra-wide bandgap semiconductors (gallium oxide and diamond), electronic computer aided design software specially designed for the development of integrated circuits with any gate-all-around field-effect transistor (GAAFET) structure, and pressure gain combustion technology for the production and development of gas turbine engine components or systems. BIS indicates that these four technologies meet the criteria of Section 1758 of the Export Control Reform Act pertaining to emerging and foundational technologies. Accordingly, the agency is accelerating their publication in this interim final rule and will publish the remaining WA-agreed controls in a later rule.

This interim final rule is effective Aug. 15, with the exception of the addition of Export Control Classification Number 3D006 (concerning software specially designed for the development of integrated circuits with any GAAFET structure) which will apply from Oct. 14. Comments regarding the implementation of ECCN 3D006 may be submitted by Sept. 14.

For more information U.S. export controls and how to ensure your company is in compliance, please contact attorney Kristine Pirnia at (202) 730-4964 or via email.

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