This bill broadens the scope of the U.S. export control system to include remote access of items. Remote access means (1) access to an item subject to the jurisdiction of the United States by a foreign person through a network connection, including the internet or a cloud computing service, from a location other than where the item is physically located; or (2) any other form of access specified in regulations promulgated by the Department of Commerce.
The Export Control Reform Act of 2018 (ECRA), which is implemented through the Export Administration Regulations, provides a permanent statutory basis for controlling the export of dual-use goods (e.g., items with both civilian and military uses) and certain military parts and components. This bill applies export controls under ECRA to remote access of items, thereby allowing Commerce's Bureau of Industry and Security to issue licenses and impose penalties related to remote access of controlled items.
