U.S. authorizes release of certain technology without license

U.S. authorizes release of technology without license

The Bureau of Industry and Security (BIS) of the U.S. Commerce Department today released for publication in the Federal Register an interim final rule along with a request for comments with regard to amendments to the Export Administration Regulations (EAR) to authorize the release of certain technology to an entity and its affiliates that appear on the “Entity List” and allow a release without a license if it is made for the purpose of contributing to the revision or development of a “standard” in a “standards organization.”


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For the purpose of the interim final rule, the use of the terms “standard” and a “standards organization” is the equivalent of a “voluntary consensus standards body.” The interim final rule does not change the assessment of whether “technology” is subject to the EAR.

The assessment of whether “technology” is subject to the EAR is the same regardless of whether a person on the Entity List is a member of, or participates in, the standards setting or development group or body. Because of the importance of U.S. participation and leadership in standards organizations, and in view of the consistent concerns expressed with Huawei’s participation therein, today’s rule revises the Entity List to authorize certain releases of technology without a license. Specifically, technology subject to the EAR that is designated as EAR99 or controlled on the Commerce Control List only for anti-terrorism reasons may be released to members of a standards organization without a license, including Huawei, if released for the purpose of contributing to the revision or development of a standard.

Read the interim final rule [PDF 498 KB] (81 pages)

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Andy Siciliano
Partner and National Practice Leader
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E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
T: 415-963-7861
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
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E: labad@kpmg.com

Irina Vaysfeld
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Amie Ahanchian
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Christopher Young
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E: christopheryoung@kpmg.com

Gisele Belotto
Managing Director
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E: gbelotto@kpmg.com

George Zaharatos
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Andy Doornaert
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E: adoornaert@kpmg.com

Jessica Libby
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E: jlibby@kpmg.com

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