WASHINGTON – January 10, 2019 – BSA | The Software Alliance submitted comments to the Department of Commerce regarding its rulemaking on potential new export controls on “emerging technologies.” BSA expressed support for modernizing the Export Administration Regulations’ coverage of emerging technologies that are essential to US national security, but urged the Commerce Department to adhere closely to key policy principles identified by Congress when it passed the Export Control Reform Act by explicitly exempting commercially available technologies and software from any future regulations. As the Commerce Department moves forward with defining the technologies that may become subject to future controls, BSA argued that it should commit to an iterative rulemaking process through which industry is afforded an opportunity to provide evidence about the potential consequences that new controls could have on US technological leadership.

This rulemaking is the first step in a longer term process. In tasking the Commerce Department with leading this effort, Congress sensibly recognized that long-term national security is dependent on the US remaining the global hub for innovation. BSA looks forward to working with the Commerce Department as this process moves forward.