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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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The U.S. Department of Commerce&rsquo;s Bureau of Industry and Security (BIS) published in the Federal Register on August 27, 2020 an <a href="https://www.federalregister.gov/documents/2020/08/27/2020-18910/identification-and-review-of-controls-for-certain-foundational-technologies" target="_blank" rel="noopener noreferrer">advance notice of proposed rulemaking</a> (ANPRM) for foundational technologies. BIS is soliciting public comments until October 26, 2020 to help identify foundational technologies essential to U.S. national security (&ldquo;Foundational Technologies ANPRM&rdquo;). This long-awaited ANPRM marks the start of an intra-agency review process implementing a key provision of the Export Control Reform Act of 2018 (ECRA) (see 50 U.S.C. Chapter 58 at &sect; 4817), in which Congress directed BIS to establish controls on the export, re-export and in-country transfers of &ldquo;foundational technologies.&rdquo; In this bulletin, we summarize what you can expect next from BIS and the key takeaways from this recent action.
Key Notes:
<ul>
<li>The long-awaited advanced notice of proposed rulemaking (ANPRM) kicks off an intra-agency review process authorized by the Export Control Reform Act to determine what additional export controls should be implemented on foundational technologies essential to U.S. national security.</li>
<li>The ANPRM signals a change in strategy from BIS&rsquo;s previous issuance of a similar ANPRM for emerging technologies, relying more on industry for guidance on the definition and categories of foundational technologies.</li>
<li>BIS is accepting public comments until October 26, 2020.</li>
</ul>
Continue reading: view this client update in <a href="https://www.thompsonhine.com/publications/bis-publishes-advance-notice-of-proposed-rulemaking-to-identify-and-review-controls-on-foundational-technologies-whats-next" target="_blank" rel="noopener noreferrer">HTML</a> or <a href="https://www.thompsonhine.com/uploads/1648/doc/BIS_Publishes_Advance_Notice_of_Proposed_Rulemaking_to_Identify_and_Review_Controls_on_Foundational_Technologies.pdf" target="_blank" rel="noopener noreferrer">PDF</a> format.

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BIS Publishes Advance Notice of Proposed Rulemaking to Identify & Review Controls on Foundational Technologies: What’s Next?