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ARTICLE · 26 OCTOBER 2021

BIS Announces New Export Controls On Cybersecurity Items Used For Malicious Cyber Activity

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On October 20, 2021, the US Department of Commerce Bureau of Industry & Security ("BIS") published a long-awaited interim final rule announcing new restrictions on the export...

United StatesTechnology
Tamer A. Soliman
Tamer A. Soliman
Rajesh De
Rajesh De
David Simon
David Simon
Anjani D. Nadadur
Anjani D. Nadadur
Jason Hungerford
Jason Hungerford
Yoshihide Ito
Yoshihide Ito
Vivek Mohan
Vivek Mohan
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On October 20, 2021, the US Department of Commerce Bureau of Industry & Security ("BIS") published a long-awaited interim final rule announcing new restrictions on the export, reexport or in-country transfer of certain cybersecurity items used for malicious cyber activities.

In particular, it establishes:

  • new controls and licensing requirements on a range of "cybersecurity items" that can be used for malicious cyber activities (including software, hardware and technology specially designed to generate, command and control or deliver "intrusion software" as well as certain IP network communications surveillance tools);
  • a new License Exception Authorized Cybersecurity Exports ("ACE") to allow for certain exports, reexports, or in-country transfers of these cybersecurity items to most destinations, while imposing restrictions for exports to government and non-governmental end-users in several countries under various circumstances;

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