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ARTICLE · 23 NOVEMBER 2018

Commerce Gives Industry 30 Days To Provide Comments Regarding Possible Export Controls Over Emerging Technologies

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The Bureau of Industry and Security published a notice today seeking public comments on how it should define and identify a wide variety of emerging technologies ...

United StatesInternational Law
Kevin Wolf
Kevin Wolf
Christian Davis
Christian Davis
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Key Points

  • The Bureau of Industry and Security published a notice today seeking public comments on how it should define and identify a wide variety of emerging technologies that are not now controlled for export, but should be because they are essential to the national security of the United States.
  • This request for comments is the public start to the most complex, intellectually challenging and economically significant effort to identify simultaneously multiple disparate categories of undefined emerging technologies for non-specific national security concerns that warrant (i) unilateral controls on their export to foreign countries, (ii) limitations on their release to foreign persons in the United States and (iii) additional mandatory filing requirements with CFIUS for non-controlling foreign investments of any size in U.S. businesses in a wide variety of sectors.

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