US Commerce Department authorizes the release of certain technologies to Huawei Listed Entities in standards-development activities

On June 15, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (“Interim Final Rule”) effective on June 18, 2020 to authorize the limited release of certain items subject to the Export Administration Regulations (EAR) to Huawei and its affiliates listed on the BIS Entity List (“Huawei Listed Entities”) in the context of international efforts to develop technical standards for 5G and other new technologies.  In a statement, the Commerce Department explained the change will “ensure Huawei’s placement on the Entity List in May 2019 does not prevent American companies from contributing to important standards-developing activities despite Huawei’s pervasive participation in standards-development organizations.” BIS is seeking comments on the Interim Final Rule, which must be submitted on or before August 17, 2020.


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