On August 15, 2022, the Bureau of Industry and Security (BIS) announced the addition of four emerging technologies to the Commerce Control List (CCL). These technologies relate to the Ga2 O3 and diamond substrates of ultra-wide bandgap semiconductors, certain specially designed Electronic Computer-Aided Design (ECAD) software, and certain pressure gain combustion technology. BIS has determined that each of these technologies is an emerging and foundational technology under Section 1758 of the Export Control Reform Act (ECRA) and that implementing export controls on such technology is essential to the United States’ national security. 

The changes BIS announced on August 15th are as follows:

  • Addition of the Ga2 O3 and diamond substrates of ultra-wide bandgap semiconductors to the CCL. In announcing this change, BIS cites Ga2 O3 and diamond’s strong potential for use in military applications. This change impacts ECCNs 3C001.d-.f, 3C005.a and .b, 3C006, and 3E003. 
  • Addition of Software for ECAD for the development of Integrated Circuits (ICs) with any gate-all-around field-effect transistor (GAAFET) to the CCL. In announcing this change, BIS cites the suitability of specially designed ECAD to aid in the design of complex GAAFET circuits. BIS notes that its concerns relate to GAAFET’s potential military applications and ECAD’s ability to assist in the creation of more advanced GAAFET structures. To implement controls on ECAD software specially designed for developing ICs with GAAFET, BIS has created a new export classification, ECCN 3D006, for Software for ECAD for the development of Integrated Circuits (ICs) with GAAFET. 
  • Addition of pressure gain combustion (PGC) technologies to the CCL. This change is notable because PGC technologies for certain space and military applications are already described on the U.S. Munitions List (USML) and regulated under the ITAR. In announcing this change, BIS notes industry’s investment in commercial PGC technologies and applications. This change impacts ECCN 9E003.a.2.e. 


With a valuable blend of experience in the practice of law and industry, coupled with a breadth of expertise in the legal and regulatory landscape of export compliance, Fluet attorneys are uniquely qualified to navigate through all matters involving the import and export of goods, services, and information to and from the United States, enabling our clients to focus on their respective businesses.

This post does not constitute legal advice and is not comprehensive of all requirements or situations. Follow our blog for updates as our team continues to analyze new legislation and regulations that impact the aerospace and defense industries. 

About the Authors

Authors Jennifer HuberAdam Munitz, and Adge Hudson are attorneys in Fluet’s International Trade + Transactions Practice.  Focusing primarily on the defense, security, and intelligence sectors, Jennifer, Adam, and Adge help businesses translate their domestic successes into overseas growth and assist foreign entities with sensitive investments in, and acquisitions of, U.S. businesses.

Additional information regarding their capabilities and previous representations can be found on the International Trade + Transactions practice page.