Elizabeth Cannon Government Director, OICTS
Blissful New Yr, all! With the beginning of the brand new 12 months, I wished to supply some updates on my workplace.
Once I discuss with business concerning the Info and Communications Know-how and Providers (ICTS) program at Commerce, I describe the 2 methods by 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 overseas adversary and their involvement in these ICTS transactions trigger undue threat to U.S. nationwide safety. If we conclude there may be undue threat, we are able to prohibit the transaction or impose mitigating measures. The second method we are able to 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 offered by an entity with a nexus to a overseas adversary. In these conditions, we are able to situation 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 evaluation specific entities and their ICTS transactions. The rule makes a number of essential updates to the interim rule, which embody consolidating the listing of applied sciences throughout the scope of the rule, outlining the sources of knowledge the Secretary of Commerce could contemplate 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 at this time, 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 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 overseas 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 find out how to regulate overseas adversary involvement on this business. (I need 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 have interaction with counterparts there about our ICTS program. The conferences have been extremely productive, and I sit up for extra engagements with allies within the coming 12 months!
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