Background

The Bureau of Industry and Security has issued a final rule that, effective Oct. 5, adds the following six recently-developed or developing technologies to the Commerce Control List to implement multilateral export controls on these goods, as agreed at the Wassenaar Arrangement’s December 2019 WA plenary meeting.

- hybrid additive manufacturing/computer numerically controlled tools

- computational lithography software designed for the fabrication of extreme ultraviolet masks

- technology for finishing wafers for 5nm production

- digital forensics tools that circumvent authentication or authorization controls on a computer (or communications device) and extract raw data

- software for monitoring and analysis of communications and metadata acquired from a telecommunications service provider via a handover interface

- sub-orbital craft

To effect this change this rule adds ECCN 3E004; revises ECCNs 2B001, 3D003, 5E001, 5A004, and 9A004; revises related ECCNs 5D002, 5E002, 9A012,  and 9A515; and corrects ECCN 5D001.

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 Oct. 5 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 Dec. 4 Any such items not actually exported, reexported, or transferred before midnight on Dec. 4 will require a license in accordance with this rule.

For more information, please contact Kristine Pirnia.

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