On Jul. 18, US BIS issued interim final rule to ensure participation.
US BIS published interim final rule to amend the Export administration regulations (EAR) to revise scope and terms used in EAR to describe standards-related activities.
Follows Sep. 2022 interim final rule that revised terms used in the EAR, see #78061.
Ensures that export controls and associated compliance concerns do not impede participation, leadership of U.S. companies in legitimate standards-related activities.
Moved the authorization added to § 744.11 in Sep. 2022 rule to § 734.10, conforming changes to § 744.16 and introductory paragraph to supplement no. 4 to Part 744.
Does not change existing provisions re patents and if they are subject to the EAR.
Revised existing definition of standards-related activity, added definition to § 734.10.
Clarified that a standards-related activity includes activities conducted with the intent to publish a standard as well as those conducted for an already published standard.
Revised definition of standards-related activity to remove the phrase with which compliance is not mandatory; in addition, revised the definition to reference § 734.10.
Effectiveness
Interim rule effective on Jul. 18, 2024; comments must be received by Sep. 16, 2024.
Requested comment on whether revisions promulgated effectively promote Objective 2 of USG NSSCET by removing and preventing barriers to private sector participation.
Jul. 25, 2024 US BIS Corrections
On Jul. 25, 2024, US BIS published in the federal register, document correcting inadvertent revisions introduced in the Jul. 18, 2024 rule; effective on Jul. 25, 2024.
Specifically, inadvertent revisions to §§ 744.11, 744.16, and supplement 4 to part 744.
Reintroduced language in rule that reflected addition of paragraph (f) under § 744.16.
