Updated Commerce Rule Reinforces U.S Leadership and Participation in Global Standards Development

To support U.S. companies’ active participation in the development of international standards-related activities without the impediment of export controls and associated compliance, the U.S. Commerce Department Bureau of Industry and Security (BIS) published an interim final rule (IFR) on July 18, 2024, addressing revisions to the previously issued Export Administration Regulations (EAR). BIS is seeking comments on the new IFR by September 16, 2024.

The rule updates an IFR from 2022 to account for comments received by stakeholders, and provides greater clarity on current BIS regulations. Since 2019, BIS has made a number of revisions to the EAR that have impacted U.S. participation and leadership in standards-related activities.

Ultimately, the latest IFR seeks to remove unnecessary U.S. barriers to standards participation, which is vital in enhancing national and economic security. Key updates, as reported by BIS and reflected in the related Federal Register notice, include:

• revising the definition of standards-related activities to accurately reflect the U.S. model of public-private cooperation in standards to further global innovation and trade; and
• clarifying the applicability of export controls to specific “software” and “technology” for “standards-related activity” to promote transparency and effectiveness in U.S. contributions to global standards.

“As the national security threat environment continues to evolve, today’s rulemaking represents a pivotal step towards ensuring that the United States remains at the forefront of technology standards that shape the future,” said Alan Estevez, Under Secretary for Industry and Security. “Today’s rule will facilitate innovation and participation in a way that reflects our national security interests.”

The rule supports ongoing efforts under the U.S. Government National Standards Strategy for Critical and Emerging Technology (USG NSSCET). Published in May 2023, the USG NSSCET outlines U.S. government goals to advance U.S. competitiveness, protect the integrity of standards-developing ecosystems, and assure the long-term success of the U.S. innovation ecosystem, with a focus on U.S. leadership in standards development of critical technologies.

ANSI encourages stakeholders to submit feedback on the interim final rule by the September 16 deadline. Access more information about the rule and information on how to send comments via the Federal Register.

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