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The Bureau of Industry and Security (BIS), the Department of Commerce, maintains controls on the export, reexport, and transfer (in-country) of dual-use and less sensitive military items through the Export Administration Regulations (EAR), including the Commerce Control List (CCL). Foundational technologies may be items that are currently subject to control for military end use or military end user reasons.  Additionally, foundational technologies may be additional items, for which an export license is not required (except for certain countries) that also warrant review to determine if they are foundational technologies essential to the national security.  For example, such controls may be reviewed if the items are being utilized or required for innovation in developing conventional weapons or enabling foreign intelligence collection activities or weapons of mass destruction applications. In an effort to address this concern, this rule proposes to amend the CCL with identified foundational technologies. This rule requests public comments to ensure that the scope of these proposed controls will be effective and appropriate, including with respect to their potential impact on legitimate commercial or scientific applications.

Statement of Need:

As part of the National Defense Authorization Act (NDAA) for Fiscal Year 2019 (Public Law 115-232), Congress enacted the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4817). Section 1758 of ECRA authorizes the Bureau of Industry and Security (BIS) to establish appropriate controls on the export, reexport, or transfer (in-country) of emerging and foundational technologies. With this proposed rule, BIS continues to identify technologies that may warrant more restrictive controls than they have at present and establishes a control framework applicable to certain unilaterally-controlled emerging and foundational technologies.

Summary of the Legal Basis:

There are a variety of legal authorities under which BIS operates. However, ECRA (50 U.S.C. 4817) provides the most substantive legal basis for BIS's actions under this proposed rule.

Alternatives:

There are not alternatives to this rule. This rule serves as the first tranche of controls specifically outlining foundational technologies.

Anticipated Costs and Benefits:

The anticipated costs and benefits of this proposed rule are not applicable. 

Risks:

There are no applicable risks to this proposed rule.