Elizabeth Cannon Govt Director, OICTS
Comfortable New 12 months, all! With the beginning of the brand new 12 months, I needed to offer some updates on my workplace.
Once I discuss with trade in regards to the Data and Communications Expertise and Providers (ICTS) program at Commerce, I describe the 2 methods during which we are able to use our ICTS authority. A method is to research 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 are able to prohibit the transaction or impose mitigating measures. The second approach we are able to use the ICTS authority is to handle 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 are able to subject a regulation to handle the class of ICTS. Over the previous month, OICTS has been busy on each fronts.
In early December, we issued our remaining 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 specific entities and their ICTS transactions. The rule makes a number of vital updates to the interim rule, which embrace consolidating the checklist of applied sciences throughout the scope of the rule, outlining the sources of data the Secretary of Commerce could think about when formulating Preliminary and Remaining Determinations, and refining the recordkeeping necessities for events to transactions. This rule will information our particular person investigations going ahead. Over the approaching 12 months, we count on 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 in the present day, we additionally launched for public inspection within the Federal Register an advance discover of proposed rulemaking (ANPRM) concerning unmanned plane programs (UAS). As we did with Related Autos, we’re starting our inquiry by asking a collection of questions to higher 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 area, please submit feedback. Your considerate suggestions helps us immensely as we decide whether or not and the way to regulate international adversary involvement on this trade. (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 12 months!
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ANPRM
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