Request for Member Input on New Interim Final Rule that Amends the Export Administration Regulations, Huawei Inclusion

7/15/2020

Submit Comments to ANSI by August 12, 2020

The American National Standards Institute (ANSI) is seeking stakeholder input for comments it will submit to the U.S. Department of Commerce's Bureau of Industry and Security (BIS) regarding a new interim final rule that amends the Export Administration Regulations (EAR). The rule, published in the June 18, 2020, Federal Register, amends the EAR to authorize the release of certain technology to Huawei and its affiliates on the Entity List without a license if such release is made for the purpose of contributing to the revision or development of a ‘‘standard'' in a ‘‘standards organization.'' (See ANSI's related article).

For the purpose of this interim final rule, a ‘‘standard'' is as defined in Office of Management and Budget (OMB) Circular A-119: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, and a ‘‘standards organization,'' is the equivalent of a ‘‘voluntary consensus standards body'' as defined in Office of Management and Budget (OMB) Circular A-119: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities. This interim final rule does not change the assessment of whether ‘‘technology'' is subject to the EAR.

BIS stated that it is revising the Entity List with this rule because of the importance of U.S. participation and leadership in standards organizations. The rule as written is narrow, applying only to Huawei's inclusion in the Entity List and only to certain standards activities.

As BIS is seeking comments on the rule's impact, ANSI will submit comments to BIS and is soliciting member input to inform the comments. Please provide input to Mary Saunders, vice president, government relations and public policy, ANSI ([email protected]) by August 12, 2020.