Elizabeth Cannon Govt Director, OICTS
Blissful New 12 months, all! With the beginning of the brand new yr, I wished to supply some updates on my workplace.
After I discuss with business concerning the Info and Communications Know-how and Companies (ICTS) program at Commerce, I describe the 2 methods by which we will use our ICTS authority. A technique is to analyze particular entities concerned in ICTS transactions and decide whether or not their nexus to a international adversary and their involvement in these ICTS transactions trigger undue threat to U.S. nationwide safety. If we conclude there’s undue threat, we will prohibit the transaction or impose mitigating measures. The second manner we will use the ICTS authority is to deal with a class of ICTS that we decide causes undue threat to U.S. nationwide safety if the ICTS is supplied by an entity with a nexus to a international adversary. In these conditions, we will problem a regulation to deal with the class of ICTS. Over the previous month, OICTS has been busy on each fronts.
In early December, we issued our last ICTS rule, which replaces an interim rule that has been in impact since January 2021. The ultimate rule establishes the procedures our workplace will use to overview explicit entities and their ICTS transactions. The rule makes a number of essential updates to the interim rule, which embrace consolidating the record of applied sciences throughout the scope of the rule, outlining the sources of data the Secretary of Commerce could contemplate when formulating Preliminary and Last Determinations, and refining the recordkeeping necessities for events to transactions. This rule will information our particular person investigations going ahead. Over the approaching yr, we anticipate to announce the conclusion of a number of investigations and can publish the ultimate determinations that accompany these actions, as we did with Kaspersky Lab Inc., final June.
Simply as we speak, we additionally launched for public inspection within the Federal Register an advance discover of proposed rulemaking (ANPRM) relating to unmanned plane techniques (UAS). As we did with Linked Automobiles, we’re starting our inquiry by asking a collection of questions to raised perceive the ICTS integral to UAS, the dangers related to UAS, and the involvement of international adversaries within the provide chain. For these of you with equities on this house, please submit feedback. Your considerate suggestions helps us immensely as we decide whether or not and how you can regulate international adversary involvement on this business. (I wish to emphasize that this ANPRM has been in growth for months and predates any drone exercise in New Jersey and New York.)
Lastly, colleagues and I traveled to Asia (Japan, Taiwan, and South Korea) in early December to interact with counterparts there about our ICTS program. The conferences had been extremely productive, and I look ahead to extra engagements with allies within the coming yr!
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