U.S. Firms Can Continue Standards Work, Despite Huawei’s Participation
Tuesday, June 16, 2020 | Comments

Huawei’s placement on the Department of Commerce (DOC) entity list in May 2019 does not prevent U.S. companies from contributing to important standards-developing activities despite Huawei’s pervasive participation in standards-development organizations, a DOC statement said.

A new rule ensures U.S. industry’s ability to more fully contribute to standards-development activities in the telecommunications sector, the department said. Under the new Bureau of Industry and Security (BIS) rule, technology that would not have required a license to be disclosed to Huawei before the company’s placement on the entity list can be disclosed for the purpose of standards development in a standards-development body without need for an export license.

International standards serve as the critical building blocks for technological development by enabling functionality, interoperability and safety. U.S. participation and leadership in standard-setting influences the future of 5G, autonomous vehicles, artificial intelligence and other cutting-edge technologies.

“The United States will not cede leadership in global innovation,” said U.S. Department of Commerce Secretary Wilbur Ross. “This action recognizes the importance of harnessing American ingenuity to advance and protect our economic and national security. The department is committed to protecting U.S. national security and foreign policy interests by encouraging U.S. industry to fully engage and advocate for U.S. technologies to become international standards.”

In amending the Huawei entity listing, the rule promotes U.S. national security and foreign policy interests by facilitating U.S. leadership in standards-development bodies. The general advisory opinion posted by BIS in August is no longer in effect. The department will continue to engage with stakeholders and take the actions necessary in the interest of U.S. national security and foreign policy, the statement said.

In 2019, BIS added Huawei Technologies to the entity list under the export administration regulations (EAR) because Huawei posed a significant risk of involvement in activities contrary to the national security or foreign policy interests of the United States, DOC said.

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