Applying Commerce Dept.'s New Cybersecurity Export Rule

By Tamer Soliman, Rajesh De and Anjani Nadadur (August 23, 2022, 5:39 PM EDT) — The U.S. government continues to enhance its export controls on cybersecurity items.

On May 26, the U.S. Department of Commerce’s Bureau of Industry and Security, or BIS, published a final rule revising the restrictions on the export, reexport and transfer in-country of certain cybersecurity items used for malicious cyberactivities.

Effective immediately upon publication, the final rule amends the Oct. 21, 2021 interim final rule that went into effect March 7. More specifically, the final rule:

Added a new end-use restriction[1] to license exception for encryption commodities, software and technology, or ENC, in order to mirror the end use restrictions applicable to the existing…

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