US-EU Export Controls and Sanctions Alert

    View Author November 2018

    On November 19, 2018, the US Department of Commerce’s (Commerce) Bureau of Industry Security (BIS) published in the Federal Register an advance notice of proposed rulemaking (ANPRM) that seeks public comments to assist BIS with defining and identifying emerging technologies critical to the national security of the US that should be subject to US export controls. The ANPRM contained a proposed list of categories of “emerging technology” identified through an interagency process. The ANPRM, however, does not address “foundational technology,” which will be addressed in a separate notice, to be issued.

    This ANPRM is particularly important because it indicates Commerce’s intention to impose export licensing requirements on currently EAR99 technology to China and other countries.