BIS Invites Comment On Identifying Emerging Technologies Subject To New Export Controls And CFIUS

The US Department of Commerce Bureau of Industry and Security (BIS) recently issued an advance notice of proposed rulemaking (ANPRM) seeking public comment on criteria for identifying "emerging technologies" that will be subject to new export licensing requirements and controls in the future.¹ The ANPRM suggests that the emerging technologies subject to additional government regulation could include a broad range of areas—biotechnology, data analytics technology, additive manufacturing, logistics technology, among others—that are not already considered to be sensitive from a national security perspective. The ANPRM is the first step toward BIS adopting rules designating which technologies should be subjected to additional US export controls. This could have a significant impact on US businesses that make these technologies because the law mandates that BIS require a license for the export of emerging and foundational technologies to China and other countries subject to