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Department of Commerce publishes final rule banning Chinese and Russian vehicle technology

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Announcements | International | Legal
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The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced Monday a final rule banning Chinese and Russian connected vehicle technology in the U.S. 

Under the rule, hardware and software integrated in the vehicle connectivity system (VCS) and software integrated in the automated driving system (ADS) for new passenger vehicles will be banned from the two countries. Software-related prohibitions will take effect for model year 2027 and hardware-related prohibitions will take effect for model year 2030, or 2029 for units without a model year, according to a press release

“Cars today aren’t just steel on wheels – they’re computers. They have cameras, microphones, GPS tracking, and other technologies that are connected to the internet. Through this rule, the Commerce Department is taking a necessary step to safeguard U.S. national security and protect Americans’ privacy by keeping foreign adversaries from manipulating these technologies to access sensitive or personal information,” said U.S. Secretary of Commerce Gina Raimondo in the release. “This is a targeted approach to ensure we keep PRC and Russian-manufactured technologies off American roads and protect our nation’s connected vehicle supply chains.”   

BIS amended its original proposal, Reuters reports. It says the final rule no longer covers software developed before the rules take effect, as long as the software is not maintained by a Chinese firm. 

“That means General Motors and Ford could potentially continue to import some Chinese-made vehicles for U.S. buyers, a senior official told reporters,” Reuters said. 

The final rule also exempts vehicles heavier than 10,000 pounds. 

“BIS recognizes the acute national security threat presented by foreign adversary involvement in the commercial vehicle supply chain and intends to issue a separate rulemaking addressing the technologies present in connected commercial vehicles – including in trucks and buses – in the near future,” the BIS news release says. 

The BIS published a notice of proposed rulemaking (NPRM) on Sept. 23 outlining proposed rules to address national security risks associated with information and communications technology and services (ICTS) integral to connected vehicles designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of China and Russia. 

A comment period was open until Oct. 28

The Alliance for Automotive Innovation (Auto Innovators) responded to the NPRM with 15 pages of comments

Auto Innovators released a statement Monday saying the rule “strikes a good balance.” 

“The final connected vehicles rule is the product of a thorough and consultative process by the Bureau of Industry and Security,” John Bozzella, Auto Innovators president said in the release. “The auto industry communicated our support for a final rule that addresses the unacceptable risks associated with information and communications technology and services designed, developed, manufactured or supplied by foreign adversaries like China and Russia.

“We also communicated (and the rule recognizes this) that changing the world’s most complex supply chain can’t happen overnight. In this respect the final rule strikes a good balance.”

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Photo courtesy of metamorworks/iStock

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