BIS Issues Huawei-Related Guidance on Prohibited Activities Among Standards Bodies

Commerce's Bureau of Industry and Security issued a guidance on Aug. 20 about the disclosure of technology or software subject to export controls “between and among members of standards setting or development groups or bodies.” BIS said it issued the guidance after receiving “a number of questions” about the temporary general license for Huawei and the Chinese company’s addition to the Entity List. The guidance tries to clarify which activities are prohibited among standards organizations when discussing Huawei and its Entity Listing.

BIS said the Entity List calls for licenses for any activities involving “the exchange, transfer, or other disclosure of technology or software that is of U.S.-origin or is otherwise subject to the” Export Administration Regulations. BIS provided several examples, including: “participating in a non-public working or study group involving the exchange ... of such technology,” “participating in electronic exchanges within a standards body, by email or other means, that contain or attach such technology or software,” and “releasing or otherwise providing access to blueprints, flowcharts, schematics, prototypes, or similar materials that contain such technology.”

The agency said there are more examples than the six it listed and “it is not feasible for BIS to specifically identify and list each type of exchange or communication of technical information that contains technology or software subject to the EAR.” Exporters “may request an advisory opinion” for more guidance on other scenarios, the agency said.