On June 17, 2020, the Bureau of Industry & Security (BIS) published a Final Rule identifying a narrow group of products as “emerging technologies” pursuant to the Export Control Reform Act of 2018 (ECRA). This is the first group of emerging technologies that has been identified pursuant to the ECRA, which required BIS to lead an interagency effort to determine “emerging” and “foundational” technologies considered “essential to the national security of the United States.” The EAR’s Commerce Control List (CCL) has now been revised to include updates to (1) certain precursor chemicals (ECCN 1C350), (2) the Middle East respiratory syndrome-related coronavirus (ECCN 1C351), and (3) single-use cultivation chambers with rigid walls (ECCN 2B352). BIS is expected to make several additional determinations in the near future that will classify more prevalent items as “emerging technologies” and control those items on the CCL. This Final Rule also reflects decisions made in the February 2020 meeting held by the Australia Group, an organization comprised of 42 countries focused on the coordination and streamlining of international export controls between nations.
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