U.S. final rule, information security controls of cybersecurity items

Changes to a new license-exception Authorized Cybersecurity Exports (ACE) regime

Cybersecurity items

The Bureau of Industry and Security (BIS) of the U.S. Commerce Department today released for publication in the Federal Register a final rule concerning information security controls of cybersecurity items.

The final rule [PDF 312 KB] finalizes changes to a new license-exception Authorized Cybersecurity Exports (ACE) regime and corresponding changes in the definition section of the Export Administration Regulations (EAR) in response to public comments to an October 2021 interim rule. Read TradeNewsFlash

That rule established a new control on certain cybersecurity items for national security and anti-terrorism reasons, as well as adding a new license-exception ACE regime that authorizes exports of these items to most destinations except in certain circumstances. These items warrant controls because these tools could be used for surveillance, espionage, or other actions that disrupt, deny or degrade the network or devices on it.

The final rule also corrects Export Control Classification Number (ECCN) 5D001 in the Commerce Control List (CCL).
 

For more information, contact a professional with KPMG’s Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
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Andy Siciliano
Partner and National Practice Leader
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Steve Brotherton
Principal and Global Export and Sanctions Leader
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Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
Principal
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Amie Ahanchian
Principal
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Christopher Young
Principal
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Gisele Belotto
Principal
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George Zaharatos
Principal
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Andy Doornaert
Managing Director
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Jessica Libby
Principal
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