CFR Title 15

What is Title 15 about?

A CFR stands for Code of Federal Regulations and contains all the codes and regulations published by the government from various departments.

CFR Title 15 specifically states the purpose of the Office of the Secretary of Commerce and, among other established codifications, the authority it has over foreign trade. Many of its regulations detailed in Subtitle B regard different bureaus related to the Department of Commerce, such as the Bureau of the Census, the National Institute of Standards and Technology, and the International Trade Administration which name three of the fifteen government bodies affected by this title. We are mostly interested in the Bureau of Industry and Security, which is addressed in Chapter VII of Subtitle B, particularly the section that covers the technology supply chain in Part 791.

What is CFR Title 15, Part 791? A Concise Breakdown of Its Documentation and Its Relevance

The goal of CFR Title 15 is to better regulate commerce and foreign trade, which Part 791 in turn addresses potentially harmful technologies and U.S. adversaries that could affect the foreign supply chain. Please refer to the legal documentation shown in the resources page for information regarding parts other than Part 791.

Part 791.1 outlines the purpose of this section, including the procedures as to how the Secretary of Commerce will take actions regarding entities that are or involve information and communication technology or services (ICTS). Part 791.2 outlines the formal definitions of all terms within that section of the document; for our purposes, these formal terms are not important in the scope of an overview but are worth reviewing if you would like to read the original documentation.

Parts 791.3 and 791.4 are more crucial to the understanding of the limitations imposed by CFR Title 15. The former part, 791.3, defines the types of software which would be deemed to have ICTS, which is a very broadly defined category. It covers everything from common desktop applications, AI, quantum computing software, and more; there are exceptions, but it is extremely limited. The latter part, 791.4, defines the current foreign adversaries of the United States. These include:

1. 1. The People's Republic of China, including the Hong Kong Special Administrative Region
2. 2. Republic of Cuba
3. 3. Islamic Republic of Iran
4. 4. Democratic People's Republic of Korea
5. 5. Russian Federation
6. 6. Venezuelan politician Nicolás Maduro

Parts 791.5 to 791.7 contain legal information that outlines public disclosure and the amendment process.

The two following subparts, Subpart B and Subpart C, outline the permissions authorities have available to them to investigate ICTS cases and the penalties for not adhering to these requirements respectively.