https://www.commerce.gov/news/press-releases/2021/10/commerce-tightens-export-controls-items-used-surveillance-private Skip to main content U.S. flag An official website of the United States government Here's how you know Here's how you know Dot gov Official websites use A .gov website belongs to an official government organization in the United States. Https Secure websites use HTTPS A lock (A locked padlock) or https:// means you've safely connected to the website. Share sensitive information only on official, secure websites. Find a COVID-19 Vaccine in Your Area U.S. Department of Commerce Logo U.S. Department of Commerce Menu close Search [ ] [Search] * ABOUT Our mission Meet the Secretary Blogs Press Releases Speeches Op-eds Leadership Bureaus and offices Strategic plan Accelerate American leadership Enhance job creation Strengthen U.S. economic and national security Fulfill constitutional requirements and support economic activity Deliver customer-centric service excellence COVID-19 Information Hub Budget and performance Gears of Government Awards History Origins: 1776-1913 Evolution: 1913-1995 Photos from 100th anniversary Secretaries of Commerce Speeches of past Secretaries Herbert Clark Hoover Building Guidance Documents Bureau of Economic Analysis (BEA) Guidance Bureau of Industry and Security (BIS) Guidance Census Guidance Economic Development Agency (EDA) Guidance International Trade Administration (ITA) Guidance Minority Business Development Agency (MBDA) Guidance National Institute of Standards and Technology (NIST) Guidance National Oceanic and Atmospheric Administration (NOAA) Guidance National Telecommunications and Information Administration (NTIA) Guidance U.S. Patent and Trademark Office (USPTO) Guidance Policies Accessibility Comment policy Digital strategy IPv6 policy IT policy archive Information quality Open source code Plain language Privacy policy Social media and web 2.0 policy Vulnerability Disclosure Policy Contact us Staff directory Website feedback Combined Federal Campaign * ISSUES All issues 2020 Census Cybersecurity Export and investment promotion First responder network Fisheries and aquaculture ICT Supply Chain Infrastructure Intellectual property Investing in communities and workers Manufacturing Minority business growth Regulatory reform Space commerce Trade enforcement Section 232: Aluminum Section 232: Steel Weather and satellites * NEWS All news Press releases Blog Speeches Fact sheets Op-eds Photos and videos Livestreams Archives Media contacts * DATA AND REPORTS Overview Economic indicators Dashboard Release schedule Population statistics Environmental data Data catalog Reports Performance data Developer resources Data tutorials Bureau APIs Commerce.gov API RSS feeds * WORK WITH US Overview Services for businesses Grants and contract opportunities Careers Combined Federal Campaign Internships Resources for employees * Bureaus and offices * Contact us * Bureaus and offices * Contact us Search [ ] [Search] * ABOUT + Our mission + Meet the Secretary + Leadership + Bureaus and offices + Strategic plan + COVID-19 Information Hub + Budget and performance + History + Guidance Documents + Policies + Contact us + Combined Federal Campaign * ISSUES + All issues + 2020 Census + Cybersecurity + Export and investment promotion + First responder network + Fisheries and aquaculture + ICT Supply Chain + Infrastructure + Intellectual property + Investing in communities and workers + Manufacturing + Minority business growth + Regulatory reform + Space commerce + Trade enforcement + Weather and satellites * NEWS + All news + Press releases + Blog + Speeches + Fact sheets + Op-eds + Photos and videos + Livestreams + Archives + Media contacts * DATA AND REPORTS + Overview + Economic indicators + Population statistics + Environmental data + Data catalog + Reports + Performance data + Developer resources * WORK WITH US + Overview + Services for businesses + Grants and contract opportunities + Careers + Combined Federal Campaign + Internships + Resources for employees * All news * Press releases * Blog * Speeches * Fact sheets * Op-eds * Photos and videos * Livestreams * Archives * Media contacts Was this page helpful? Helpful Not helpful Breadcrumb 1. Home 2. News 3. Press Releases Was this page helpful? Helpful Not helpful Commerce Tightens Export Controls on Items Used in Surveillance of Private Citizens and other Malicious Cyber Activities Cybersecurity Trade enforcement FOR IMMEDIATE RELEASE Wednesday, October 20, 2021 Office of Public Affairs publicaffairs@doc.gov The Commerce Department's Bureau of Industry and Security (BIS) has released an interim final rule, establishing controls on the export, reexport, or transfer (in-country) of certain items that can be used for malicious cyber activities. The rule also creates a new License Exception Authorized Cybersecurity Exports (ACE) and requests public comments on the projected impact of the proposed controls on U.S. industry and the cybersecurity community. License Exception ACE would allow the export, reexport and transfer (in-country) of 'cybersecurity items' to most destinations, while retaining a license requirement for exports to countries of national security or weapons of mass destruction concern. In addition, countries subject to a U.S. arms embargo will require a license. While allowing certain exclusions, restricted end users targeted by this interim final rule would include a 'government end user,' as defined in SS 740.22 of the EAR, of countries of concern for national security reasons or those subject to an arms embargo. Furthermore, the License Exception ACE would impose an end-use restriction in circumstances where the exporter, re-exporter, or transferor knows or has reason to know at the time of export, reexport, or transfer (in-country), including a deemed export or reexport, that the 'cybersecurity item' will be used to affect the confidentiality, integrity or availability of information or information systems, without authorization by the owner, operator or administrator of the information system (including the information and processes within such systems). The United States Government opposes the misuse of technology to abuse human rights or conduct other malicious cyber activities, and these new rules will help ensure that U.S. companies are not fueling authoritarian practices. U.S. exporters are likewise encouraged to consult the State Department's Guidance on Implementing the "Guiding Principles" for Transactions Linked to Foreign Government End Users for Products or Services with Surveillance Capabilities to minimize the risk that their products or services are misused by governments to violate or abuse human rights. Today's rule is consistent with the result of BIS's negotiations in the Wassenaar Arrangement (WA) multilateral export control regime and with a review of comments from Congress, the private sector, academia, civil society, and other stakeholders on previously proposed BIS rulemaking in this area. Comments to the rule must be received in no later than 45 days from today, and the rule will become effective 90 days from today. U.S. Secretary of Commerce Gina M. Raimondo released the following statement: "The United States is committed to working with our multilateral partners to deter the spread of certain technologies that can be used for malicious activities that threaten cybersecurity and human rights. The Commerce Department's interim final rule imposing export controls on certain cybersecurity items is an appropriately tailored approach that protects America's national security against malicious cyber actors while ensuring legitimate cybersecurity activities." For more information, visit www.bis.doc.gov. Bureaus and Offices Bureau of Industry and Security Leadership Gina M. Raimondo Tags Secretary Gina Raimondo Share this page * Facebook * Facebook messenger * Linkedin * Twitter * Email Return to top Explore * Issues * News * Data and reports * Work with us About us * Our mission * Strategic plan * Bureaus and offices * Privacy program Get in touch * Contact us * Staff directory * Open government * FOIA Department of Commerce logo 1401 Constitution Ave NW Washington, DC 20230 Sign up for email updates To sign up for updates or to access your subscriber preferences, please enter your contact information below. 1. RequiredEmail Address [ ] [Subscribe] 1. Archives 2. Accessibility 3. Agency Financial Report 4. Comment policy 5. Digital strategy 6. Information quality 7. No Fear Act 8. Inspector General 9. Plain language 10. Privacy policy 11. Payment Integrity 12. USA.gov 13. Vulnerability Disclosure Policy 14. Whistleblower Protection 15. WhiteHouse.gov