Groups Say BIS Should Align Standards-Setting Rules With Fundamental Research Controls

U.S. companies and trade groups applauded a recent Bureau of Industry and Security rule that expanded the agency’s export control exemption for certain standards-setting activities. They said the rule change will help remove licensing barriers that American officials face at international bodies while working on emerging technology standards. While the Technology Trade Regulation Alliance welcomed the rule changes, it said BIS should continue expanding the exemption to cover a wider set of technologies discussed in standards bodies involving the electronics, telecommunications and aviation industries. For example, the TTRA said BIS should harmonize its standards-setting-related controls with how it treats other information shared publicly, such as fundamental research. The rule “appears inconsistent with the BIS approach to other First Amendment protected commercial speech,” the alliance said. UL Standards & Engagement, a nonprofit standards development organization, and the Wi-Fi Alliance said the rule update will help their members more easily participate in standards bodies. The Wi-Fi Alliance specifically said the rule confirms that the type of standards-related activity its members are involved in “is not restricted by the Export Administration Regulations.” BIS issued rules in 2020 and 2022 that authorize releasing certain controlled technology for specific standards-setting activities, including when companies on the Entity List, such as Huawei, are participating in those bodies.