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DOC/BIS | RIN: 0694-AG49 | Publication ID: Spring 2015 |
Title: ●Wassenaar Arrangement 2013 Plenary Agreements Implementation: Intrusion and Surveillance Items | |
Abstract:
The Bureau of Industry and Security (BIS) proposes to implement the agreements by the Wassenaar Arrangement (WA) at the Plenary meeting in December 2013 with regard to systems, equipment or components specially designed for the generation, operation or delivery of, or communication with, intrusion software; software specially designed or modified for the development or production of such systems, equipment or components; software specially designed for the generation, operation or delivery of, or communication with, intrusion software; technology required for the development of intrusion software; Internet Protocol (IP) network communications surveillance systems or equipment and test, inspection, production equipment, specially designed components thereof, and development and production software and technology thereof. BIS proposes a license requirement for the export, reexport, or transfer (in-country) of these cybersecurity items to all destinations, except Canada. This rule also sets forth proposed license review policies and special submission requirements, including submission of a letter of explanation with regard to the technical capabilities of the cybersecurity items and information security functionality. BIS also proposes to remove these items from all license exception eligibility, except certain authorizing paragraphs under License Exception GOV; and make harmonizing revisions to License Exceptions TSU, ENC, and STA. The proposed rule also includes an expansion to License Exception GOV to allow the export, reexport and transfer (in-country) of cybersecurity items to Department of Homeland Security (DHS)-certified Cybersecurity Information Sharing and Analysis Organizations (ISAOs). BIS also proposes to add the definition of intrusion software to the definition section of the EAR pursuant to the WA 2013 agreements. |
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Agency: Department of Commerce(DOC) | Priority: Other Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 15 CFR 774 15 CFR 740 15 CFR 742 15 CFR 748 15 CFR 772 | |
Legal Authority: 10 U.S.C. 7420 10 U.S.C. 7430(e) 15 U.S.C. 1824a 22 U.S.C. 287c 22 U.S.C. 3201 et seq. 22 U.S.C. 6004 22 U.S.C. 7201 et seq. 22 U.S.C. 7210 30 U.S.C. 185(s) 30 U.S.C. 185(u) 42 U.S.C. 2139a 42 U.S.C. 6212 50 U.S.C. 1701 et seq. 50 U.S.C. app. 2401 et seq. 50 U.S.C. app. 5 E.O. 12058 E.O. 12851 E.O. 12938 E.O. 13026 E.O. 13222 Pub. L. 10811, sec 1503 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. | |
RIN Data Printed in the FR: No | |
Related Agencies: Common: DHS; | |
Agency Contact: Sharron Cook Policy Analyst Department of Commerce Bureau of Industry and Security 2096/MS 2705, 14th Street and Pennsylvania Avenue NW, Washington, DC 20230 Phone:202 482-2440 Email: sharron.cook@bis.doc.gov |