On October 21, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a long-awaited interim final rule that establishes controls on certain cybersecurity items designed to curtail exports of hacking tools to China, Russia, and other countries that may use such items for malicious purposes. The interim rule also creates a new license exception for Authorized Cybersecurity Exports (ACE). The purpose of the interim rule, according to the Commerce Department, is to “help ensure that U.S. companies are not fueling authoritarian practices,” such as the use of technology to abuse human rights or conduct other nefarious cyber activities.
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