BIS Adds Adds Post-Quantum Cryptographic Algorithms to List of Technologies “Essential to Security of US”

(DuaneMorris) The U.S. Department of Commerce Bureau of Industry and Security (BIS) recently published in the Federal Register, Vol 84, No. 100, certain revisions, additions, amendments and modifications to the Export Administration Regulations Commerce Control List (CCL). Effective immediately, this final rule implements certain changes to the Wassenaar Arrangement List of Dual-Use Goods and Technologies that specifically address issues pertaining to certain emerging technologies that are essential to the national security of the United States.
The final rule adds to the CCL five recently developed or developing technologies that BIS describes as “essential to the national security of the United States: discrete microwave transistors [with specified operational ratings] (a major component of wideband semiconductors), continuity of operation software, post-quantum cryptography, underwater transducers designed to operate as hydrophones, and air-launch platforms.”
With respect to information security, BIS revised ECCN 5A002—information security systems, equipment and components—to add controls on certain post-quantum cryptographic algorithms (paragraph 2.c of the technical notes that follow EECN 5A002.a.4). For complete details concerning this category of product and the new controls, please refer to pages 23887, and 23894 through 23896 of the Federal Register notice.