facebook linkedin twitter

Commerce Department Tightens Export Controls on Cybersecurity Items

October 22, 2021 by Reece Nations
Commerce Department Tightens Export Controls on Cybersecurity Items

WASHINGTON — The Department of Commerce’s Bureau of Industry and Security announced on Wednesday it would institute new export controls over cybersecurity items such as cyber intrusion software that can be used maliciously.

The department’s new policy also creates a new license exception for authorized cybersecurity exports to “most destinations” while keeping a licensing requirement for “exports to countries of national security or weapons of mass destruction concern,” Commerce Department officials said in a release. Countries under U.S. arms embargoes are eligible for the exports but are subject to additional licensing requirements.

Restricted end users targeted by the rule will need to include a “government end user” for countries that pose certain national security risks while still allowing exclusions. Further, the license exception for authorized cybersecurity exports will require an end-use restriction in instances where “the exporter, re-exporter, or transferor” has reason to believe at the time of the export that the cybersecurity export will be used for malicious purposes without the owner, operator or administrator’s knowledge.

The new policies were made to better ensure the technology is not being misused to “abuse human rights or conduct other malicious cyber activities” in order to certify that domestic technology firms are not bolstering “authoritarian practices,” according to the Commerce Department. Department officials are also encouraging U.S. exporters of the cybersecurity items to consult with the State Department’s guidance on implementing “Guiding Principles” regarding transactions linked to foreign end users to minimize the potential for misuse of the products.

The department made the rule consistent with specifications ironed out in negotiations in the Wassenaar Arrangement, a voluntary export control authority in which participating entities exchange information on “transfers of conventional weapons and dual-use goods and technologies,” according to the Arms Control Association. Public comments on the rule’s speculated impact on domestic industries and the cybersecurity community may be submitted no later than 45 days from Wednesday ahead of the rule’s enactment.

“The United States is committed to working with our multilateral partners to deter the spread of certain technologies that can be used for malicious activities that threaten cybersecurity and human rights,” Commerce Secretary Gina Raimondo said in a written statement. “The Commerce Department’s interim final rule imposing export controls on certain cybersecurity items is an appropriately tailored approach that protects America’s national security against malicious cyber actors while ensuring legitimate cybersecurity activities.” 

Reece can be reached at [email protected]

A+
a-

In The News

Health

Voting

Trade

November Trade Deficit Hits Near Record-High $80.2 Billion

WASHINGTON (AP) — The U.S. trade deficit surged to a near-record high of $80.2 billion in November as exports slowed... Read More

WASHINGTON (AP) — The U.S. trade deficit surged to a near-record high of $80.2 billion in November as exports slowed at the same time that imports jumped sharply. The November deficit was 19.3% higher than the October deficit of $67.2 billion and was just below the... Read More

January 4, 2022
by Dan McCue
USMCA Panel Gives US a Win Over Canada in Dairy Dispute

WASHINGTON — The United States has prevailed in the first dispute resolution case brought under the United States-Mexico-Canada Agreement, known... Read More

WASHINGTON — The United States has prevailed in the first dispute resolution case brought under the United States-Mexico-Canada Agreement, known more commonly as USMCA. The case before the inaugural dispute settlement panel was a long-running dispute over Canadian trade policies intended to shield its dairy industry... Read More

December 17, 2021
by Dan McCue
Panel Recommends Extending Trump-Era Duties on Solar Panels

WASHINGTON — The Biden administration should extend tariffs on solar panel modules and cells an additional four years to safeguard... Read More

WASHINGTON — The Biden administration should extend tariffs on solar panel modules and cells an additional four years to safeguard U.S.-based solar panel manufacturers, a U.S. trade panel said. Former President Donald Trump established the duties on Chinese-made photovoltaic modules and cells under the auspices of... Read More

December 16, 2021
by Tom Ramstack
Biden’s Truck Driver Outreach Aimed at Easing Supply Chain

WASHINGTON — The Biden administration on Thursday announced a plan to increase the number of commercial truck drivers in a... Read More

WASHINGTON — The Biden administration on Thursday announced a plan to increase the number of commercial truck drivers in a bid to alleviate supply chain gridlock. The plan includes assistance to state motor vehicle departments to issue more commercial licenses, increase apprenticeships and hire military veterans.... Read More

December 16, 2021
by Reece Nations
Blue Dog Coalition Shares Supply Chain Hurdles, Solutions During Roundtable

SAN ANTONIO — Members of the Blue Dog Coalition hosted a virtual roundtable discussion on Wednesday over impediments to the... Read More

SAN ANTONIO — Members of the Blue Dog Coalition hosted a virtual roundtable discussion on Wednesday over impediments to the national supply chain as well as what’s being done to solve them. The discussion featured input from Gene Seroka, executive director of the Port of Los... Read More

December 14, 2021
by Dan McCue
New Dems Urge Swift Action on Supply Chain Crisis

WASHINGTON — Congress must take swift and decisive action to shore up the nation’s supply chains if it wants to... Read More

WASHINGTON — Congress must take swift and decisive action to shore up the nation’s supply chains if it wants to keep creating jobs and ensure America leads the global economy, the New Democrat Coalition said Tuesday. Specifically, the largest ideological caucus in the House is urging... Read More

News From The Well
scroll top