The Bureau of Industry and Security (BIS) has announced new export controls on six emerging technologies. These controls were agreed to by Wassenaar Arrangement members during its 2019 plenary. The final rule also makes changes to the Export Administration Regulations (EAR).

The Restrictions:

The final rule, effective Oct. 5, corrects one Export Control Classification Number (ECCN) and revises three other ECCNs. Changes were also made to one license exception.

The first control is on additive manufacturing and certain machine tools, due to an increase in machine tool manufacturers adding “more functionality” to their products.  Export controls are necessary for certain countries for national security reasons.

The second control updates restrictions on emerging “Electronic Design Automation (EDA) or computational lithography software” that was developed for extreme ultraviolet masks. Export licenses are needed for certain countries for national security and anti-terrorism reasons.

The third control restricts the production of “substrates for high-end integrated circuits,” BIS said. Export licenses are required for certain countries for national security and anti-terrorism reasons.

The fourth restriction adds an export control for “digital forensics or investigative tools” by targeting items that “circumvent authentication or authorization mechanisms and extract raw data from a computer or communications device,” BIS stated. Export licenses will be needed for certain countries due to national security and anti-terrorism reasons.

The fifth control places restrictions on software that was designed or modified to be used by law enforcement to “analyze the content of communications acquired from a handover interface.” The software, BIS said, can be used by “international actors” in ways that may be contrary to U.S. national security.

The final control places restrictions on exports of sub-orbital aircraft or aircraft “designed to operate above the stratosphere and land on Earth without completing an orbit”.

For further questions or clarification on export restrictions, please reach out to your Mohawk Global representative.