June 25, 2019

June 25, 2019

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June 24, 2019

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Comment Deadline Fast Approaching: Export Controls on Emerging Technologies

Key Takeaways:

  • Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below).

  • You may submit comments on the criteria the U.S. government will use to determine what technologies are subject to export controls.

  • The current deadline for comments is December 19, 2018.

  • We can help.

Background:

As we reported here, the U.S. government has published an invitation to comment on the criteria for establishing new export controls on what it calls “emerging and foundational technologies.” The list of technology fields targeted for review is as follows:

  1. Biotechnology

  2. Artificial intelligence (AI) and machine learning technology

  3. Position, Navigation, and Timing (PNT) technology

  4. Microprocessor technology

  5. Advanced computing technology

  6. Data analytics technology

  7. Quantum information and sensing technology

  8. Logistics technology

  9. Additive manufacturing

  10. Robotics

  11. Brain-computer interfaces

  12. Hypersonics

  13. Advanced Materials

  14. Advanced surveillance technologies

Why Comment?

If your company makes products or creates any know-how in any of these sectors, new export controls could limit your exports and restrict your ability to disclose know-how to foreign nationals, even within the United States, even within your own company.

You may submit public comments on the proposed rule. The current deadline for submission is Wednesday, December 19.

Copyright © 2019, Sheppard Mullin Richter & Hampton LLP.

TRENDING LEGAL ANALYSIS


About this Author

J. Scott Maberry, Lawyer, Sheppard Mullin, International Trade, Trade Practice
Partner

Mr. Maberry is an International Trade partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Mr. Maberry's expertise includes counseling and litigation in export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, economic sanctions, anti-boycott controls, and Customs.  He also represents clients in negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA), and other multilateral and...

202-469-4975
Reid Whitten, partner, Sheppard Mullin Law Firm
Partner

Reid Whitten works with clients around the world to plan, prepare, and succeed in global business transactions.

In the areas of U.S. and international sanctions, export and defense export controls, and anti-corruption regulations, he supports clients in detecting and deterring potential compliance issues as well as conducting and defending investigations and enforcements. Mr. Whitten also advises on anti-dumping, anti-money laundering, and anti-boycott regulations.

Mr. Whitten is a thought leader on cross-border business regulations. He teaches a seminar on The Law of International Business as a professor at the Law School of the Université Catholique de Lille, in France. He writes and comments regularly and is called on by trade publications to provide analysis on the latest changes to cross-border transactional regulations. Mr. Whitten also teaches seminars on regulatory updates industry groups in the United States, France, and Belgium. He speaks French fluently.

202-469-4968
Curtis Dombek, Attorney, Lawyer, Governmental Contracts, Sheppard Mullin Law Firm
Partner

Curt Dombek is a partner in the Government Contracts, Investigations & International Trade Practice Group. Curt divides his time between the firm's Brussels and Los Angeles offices.

Areas of Practice

Mr. Dombek has practiced since 1983 in the field of international trade. He advises clients on the full range of international regulatory issues, including civilian and military export controls, trade sanctions and blocking orders, Customs matters, the Foreign Corrupt Practices Act, the USA Patriot Act, Free Trade Agreements, CFIUS reviews of foreign...

213-617-5595
A. Joseph Jay, Sheppard Mullin Law Firm, Washington DC, Corporate Law Attorney
Partner

Joseph Jay is a partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Joseph Jay’s practice encompasses a broad array white collar defense, corporate investigations, and international trade matters. His matters include defense of civil and criminal enforcement actions and investigations, compliance counseling, regulatory advice  

White Collar Defense & Corporate...

202-747-1953
Fatema Merchant, international, trade, Lawyer, Sheppard Mullin
Associate

Fatema Merchant is an associate in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Fatema’s practice focuses on investigations and compliance counseling related to international trade laws.  She has extensive experience with U.S. Foreign Corrupt Practices Act and U.S.-Sanctioned Countries investigations, compliance, due diligence, and training.  Fatema also advises clients on compliance with International Traffic in Arms Regulations, Export Administration Regulations, Customs and Anti-Money Laundering...

202-469-4930