2/19/2023 0 Comments Boycott advance auto partsIt, however, includes one section, Section 1758, that should be of particular interest to those who do not normally consider themselves affected by the EAR (i.e., those involved in the development or export of emerging and foundational technologies that are not now identified in the EAR or other export control regulations). Because the new law essentially preserves the status quo from an exporter’s perspective and does not, for example, change any country-specific licensing policies, it is primarily of interest to export control practitioners. It also gives BIS enforcement officials more authority to investigate possible violations of the EAR. The new law essentially codifies existing written and unwritten BIS practices, policies and definitions as they have evolved since 1979. (A description of this issue, the export control system generally and the issues motivating the introduction of the legislation can be found in the March 2018 testimony of Kevin Wolf before the House Foreign Affairs Committee.) The EAR have been kept in effect through Executive Orders and an emergency declaration issued under the authority of the International Emergency Economic Powers Act (IEEPA) that was renewed by annual presidential notices. Part II of ECRA is titled “Anti-Boycott Act of 2018” and is the authority for the antiboycott regulations that BIS administers.įor most of the last two decades, the statutory authority for the EAR-the Export Administration Act of 1979-has been defunct. Part I of ECRA is titled “Export Controls Act of 2018” (ECA) and is the authority for the administration of the export controls that BIS administers. They also include the antiboycott regulations that the Bureau of Industry and Security (BIS) administers. The EAR primarily control the export, reexport, and transfer of commercial, dual-use and less sensitive military items to end users, end uses and destinations of concern. (FIRRMA is described in a prior alert.)Īnother motive behind ECRA was the creation of permanent statutory authority for the Export Administration Regulations (EAR). export and investment controls to address concerns regarding the release of critical technologies to end uses, end users and destinations of concern, primarily China. One of the primary policy motivations behind both acts was the need to enhance U.S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA). The Export Control Reform Act of 2018 (ECRA) and the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) became law on August 13, 2018, as part of the John S. The submission of thoughtful and well-supported industry comments will be absolutely critical to the creation of properly scoped and clearly described controls that are consistent with the statutory standards. Commerce will likely soon publish a notice seeking such comments, and the formal comment period will likely be short relative to the complexity and the significance of the issue. 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 new controls in line with the standards in the new law.
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