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ARTICLE · 13 SEPTEMBER 2018

The Export Control Reform Act And Possible New Controls On Emerging And Foundational Technologies

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ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce's BIS.

United StatesInternational Law
Kevin Wolf
Kevin Wolf
Thomas McCarthy
Thomas McCarthy
Andrew R. Schlossberg
Andrew R. Schlossberg
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Key Points

  • ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce's BIS. The new law codifies long-standing BIS policies and does not require changes to the EAR, such as to its country-specific licensing requirements.
  • However, as part of the larger effort to reform the authorities governing CFIUS, the law effectively requires BIS to lead an interagency, regular order process to identify and add to the EAR controls on "emerging" and "foundational" technologies that are "essential to the national security of the United States."
  • Although the types of emerging and foundational technologies to be identified are not yet publicly known, anyone involved in emerging and foundational technology areas, such as artificial intelligence, driverless vehicle technology, advanced computing, additive manufacturing or microelectronics, should begin preparing comments on possible

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