Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

BIS (acting through its Office of Information and Communications Technology and Services, OICTS) published a final rule under Executive Order 13873's ICTS authority prohibiting certain connected-vehicle (CV) transactions involving hardware and software designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction of the People's Republic of China or the Russian Federation. The rule reaches the Vehicle Connectivity System (VCS — hardware/software enabling external RF connectivity above 450 MHz) and the Automated Driving System (ADS) software stack. Effective 17 March 2025, with phased prohibitions: import/sale of CVs incorporating covered software prohibited from model year 2027; import of covered VCS hardware prohibited from model year 2030 (or 1 January 2029 for hardware not associated with a model year). Importers and connected-vehicle manufacturers must file annual Declarations of Conformity.

The Bureau of Industry and Security (BIS) issued an interim final rule (FR Doc. 2024-15810) amending the Export Administration Regulations (EAR) so that certain "releases" of technology and software during "standards-related activities" are no longer subject to the EAR. The rule revises 15 CFR §734.10 and consolidates the patchwork of prior carve-outs (May 2019 Huawei 5G TGL, June 2020 IFR, September 2022 Entity-List-wide IFR) into a single activity-based exclusion. The change enables US firms to participate in international standards bodies (IEEE, 3GPP, ITU, ISO, IEC) alongside Entity-Listed parties — most consequentially Huawei — without licence exposure. Comments were due September 16, 2024.

The Bureau of Industry and Security (BIS) issued an interim final rule (IFR, 87 FR 55241, FR Doc. 2022-19415) amending the Export Administration Regulations (EAR) to authorize the release of specified items to all entities on the Entity List without a licence when such release occurs in the context of a "standards-related activity." The IFR expanded a narrower June 2020 predecessor that had applied only to Huawei and its affiliates; this 2022 rule extended equivalent authorization to the full Entity List. Authorized items include EAR99 technology and software, items controlled solely for anti-terrorism (AT) reasons, and certain cryptographic technology (ECCNs 5D002 and 5E002) used in standards development. The rule amended 15 CFR §§ 734.10, 744.11, 744.16, and Part 772 and was superseded by a broader 2024 IFR that recasted the carve-out as an activity-based exclusion from EAR jurisdiction entirely.