Overview
Title
Securing the Information and Communications Technology and Services Supply Chain; Corrections
Agencies
ELI5 AI
The Department of Commerce is fixing a mistake in a rule about checking tech stuff from other countries that might be unsafe. They forgot to include some words and are putting them back in, starting on February 4, 2025.
Summary AI
The Department of Commerce has issued a correction to a final rule that was published on December 6, 2024, concerning the review of transactions related to information and communications technology and services linked to foreign adversaries that might pose risks to the U.S. The original rule failed to include necessary updates to certain regulatory language. This correction addresses those omissions by instructing updates to specific paragraphs in the regulations. The corrected rule will be effective from February 4, 2025.
Abstract
The Department of Commerce is correcting a final rule that appeared in the Federal Register on December 6, 2024. This final rule revises the regulations on the Department of Commerce's review of transactions involving information and communications technology and services designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary that may pose undue or unacceptable risk to the United States or U.S. persons. That rule inadvertently omitted instructions to update certain regulatory language included in the rule. This document corrects the omissions in the December 6, 2024 rule.
Keywords AI
Sources
AnalysisAI
The document is a correction to a previously published rule by the U.S. Department of Commerce that was issued in the Federal Register on December 6, 2024. The original rule aimed to update regulations concerning transactions involving information and communications technology and services (ICTS) linked to foreign adversaries that could pose risks to the United States. However, it inadvertently failed to include instructions for certain language updates. This correction seeks to address those omissions by specifying changes to certain parts of the regulation, ensuring the proper implementation of the intended updates.
General Summary
The correction is specifically addressing unintentional omissions in the previous rule published on December 6, 2024. The rule originally intended to safeguard against potential threats posed by foreign-controlled ICTS in the United States by reviewing transactions related to such technology. The correction is formalizing the updates that were meant to be part of that original rule, thus completing the regulatory revisions.
Significant Issues or Concerns
There are notable issues that arise from this document:
Timing and Publication Confusion: The correction document is dated January 16, 2025, which follows the publication date of the original rule. This timing can create confusion among stakeholders as the changes are coming after the fact, potentially affecting how they should implement or comply with the rules.
Clarity and Accessibility: The correction document does not provide the actual revised language for the regulatory sections, making it difficult for readers to understand the full impact of these changes without accessing additional resources or documents. This can be particularly challenging for those who are unfamiliar with navigating lengthy and complex federal regulations.
Technical Language: The use of technical terms and references, such as "revising paragraphs (a) introductory text," may not be comprehensible for those without experience in legal or regulatory matters. This highlights a barrier to accessibility for the general public.
Public Impact
The impact on the public is indirect but significant. The rule's intent is to protect national security interests by scrutinizing ICT transactions that involve foreign adversaries. This correction helps ensure that regulatory frameworks are complete and accurate, which is crucial for maintaining these protections. For the general public, it provides an added layer of security concerning the technology and communications landscape within the United States.
Stakeholder Impact
For specific stakeholders, such as businesses involved in ICTS, compliance professionals, and legal advisors, this correction is crucial. It clarifies the expectations and requirements for compliance with regulations related to foreign-controlled technology transactions. Misinterpretation or lack of clarity in regulations can lead to compliance challenges, and potentially legal or financial consequences, thereby, this correction mitigates such risks by providing clearer guidance.
In summary, while the technical nature of the document and its timing may pose challenges, this correction ultimately serves to strengthen the regulatory process intended to protect U.S. interests against foreign adversaries in the information technology sector. Stakeholders should carefully review this correction alongside previous documents to fully understand and implement the necessary changes.
Issues
• The publication date of the original final rule in the Federal Register is listed as December 6, 2024, while the corrections document is published on January 16, 2025, which is after the supposed publication date of the original rule. The timelines here might cause confusion regarding the implementation and correction timing.
• The document references changes to specific regulatory sections (§§ 791.3 and 791.100) but does not provide the actual language of the revisions, which can make it difficult for stakeholders to understand the precise amendments without further reference.
• The contact information includes an email address with a generic domain, which might be perceived as less formal or authoritative than using a specific department sub-domain.
• There is no explicit mention of the potential impact or rationale for the changes beyond correcting omissions, which might leave stakeholders without a full picture of the significance of the amendments.
• The document uses references such as '89 FR 96872' without context for those who may not be familiar with Federal Register citations, potentially limiting clarity for a broader audience.
• The language used to describe regulatory amendments (e.g., 'revising paragraphs (a) introductory text') may be too technical for readers not familiar with legal or regulatory texts.