Background

The Bureau of Industry and Security has issued an interim final rule that authorizes the release of certain technology and software subject to the Export Administration Regulations to all entities on the Entity List without a license when that release occurs in a standards-related activity with the intent that the resulting standard will be published. The release of EAR99 and anti-terrorism only controlled software and technology, as well as certain software and technology for specified cryptographic functionality, is included in the scope of this authorization.

BIS states that this rule addresses concerns raised in response to a previous rule about whether licenses are required to release low-level technology for legitimate standards activities to parties on the Entity List stemming from the listing of Huawei and a number of its non-U.S. affiliates.

BIS notes that the authorization in this rule only overcomes licensing requirements imposed as a result of an entity’s inclusion on the Entity List and that other EAR licensing requirements, including additional end-use or end-user based licensing requirements, may continue to apply. Comments on the impact of these additional controls on participation in standards-related activity are due by Nov. 8.

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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