OIRA Begins Review of BIS Foundational Tech Rule

The Office of Information and Regulatory Affairs began an interagency review of a Bureau of Industry and Security pre-rule to pinpoint potential controls for foundational technologies. OIRA received the rule Aug. 3. A BIS official said in May the agency was finalizing an internal review of the rule (see 2005190052), which has been expected since Congress passed the Export Control Reform Act of 2018 mandating BIS reviews of controls for both emerging and foundational technologies.

The rule has faced months of delays. Top BIS officials told industry in June 2019 that the rule would be released in “weeks, not months” (see 1906040038). BIS officials have said the foundational technology controls -- controls on goods that are widely available but not export restricted -- have proved more “intellectually challenging” than emerging technology controls (see 1911050052).