On June 13, 2015, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) and the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) published proposed rules which revise key definitions in the Export Administration Regulations (EAR) and Traffic in Arms Regulations (ITAR) to harmonize the two export control regimes. Although technically merely a revision of definitions, nevertheless, these revisions do contain certain substantive changes. Most notably, the transfer and storage of technology or software in encrypted form is not considered an “export” (subject to certain conditions). The BIS and DDTC are accepting comments on the proposed rule changes until August 3, 2015 (BIS here and DDTC here).
The BIS is also seeking comments on proposed rules for the Wassenaar Arrangement dual-use list (the Wassenaar Arrangement has broadened its list of dual-use controls to include certain cybersecurity items). The U.S. government, through the BIS, has released a set of proposed rules to implement the new dual-use controls. It is seeking comments from those affected by those rules. If these rules affect you, provide comment to the BIS before July 20, 2015 here.