BioCentury
ARTICLE | Politics, Policy & Law

Biotech’s first ‘emerging technology’ definition indicates narrow approach 

First export control category aligns with multilateral agreements on DNA synthesis 

December 4, 2020 11:43 PM UTC

The U.S. Department of Commerce’s first biotech-focused definition of “emerging technology” suggests industry won’t have to wage the type of pushback campaigns that followed the Department of the Treasury’s initial definition of “sensitive data.”

The proposed rule, published Nov. 6, affects a small subset of DNA synthesis technology, and hews to principles underlying existing agreements between countries. Its narrow scope is the latest sign that the National Defense Authorization Act of 2018 won’t pose an existential threat to biopharma, though pending legislation from senators seeking a hard line on China could create a way for Congress to work around Commerce’s measured approach. ...