USA may cease recognizing conformity assessment in certain countries

The US Federal Communications Commission (FCC) which regulates the communication in USA by radio, television, wire, internet, Wi-Fi, satellite, and cable, has proposed new rules to “support the integrity and security of electronic device testing laboratories and services”.

The Commission voted to enact a rulemaking detailed in a draft Second Report and Order and Second Further Notice of Proposed Rulemaking that would cease recognition of testing labs, certification bodies, and laboratory accreditation bodies located in or operating within countries that do not have a Mutual Recognition Agreement (MRA) or reciprocal trade agreement in effect with the USA. The FCC sought industry input on appropriate transition periods, phased approaches, fee based interim procedures to support industry adjustments and any intellectual property protection that should apply during testing and certification.

Newly adopted actions and ongoing rule proposals seek to:

• Disclose Geographic Location: Propose requiring FCC-recognized testing labs and Certification Bodies to disclose the number and geographic locations of employees engaged in testing and authorization activities.
• Strengthen Post-Market Surveillance: Direct revisions to update post-market surveillance procedures to improve oversight and ensure that devices in the marketplace are consistent with those tested in the lab.
• Establish confidential reporting channels: for industry participants to securely raise concerns regarding violations or national security threats.
• Consolidated list of Prohibited Entities: Direct the development of a consolidated list of prohibited testing entities to streamline applicant screening.
• Fast-Track Priority Review: Create an expedited, priority review process for devices subject to Pre-Approval Guidance (PAG) if they are tested by laboratories based in the U.S. or in countries with an MRA or comparable reciprocal agreement.
• Modernizing EAS data analytics: Proposes to integrate advanced data analytics and tools to strengthen oversight detect evasion and strengthen processes at the FCC.

Amongst the affected countries is China.
China’s Ministry of Commerce (MOFCOM) has reacted strongly to FCC’s efforts to disqualify China-based testing labs from the testing or certification of electronic devices sold or marketed in the USA. MOFCOM says necessary measures will be taken in response to protect the legitimate rights and interests of Chinese enterprises.

The FCC’s public announcements may be seen here:

• Ensuring Integrity and Security in Electronic Device Testing

• Fast-Track PAG Process

• Revisions to Post-Market Surveillance Procedures

For further information or questions, please contact Vina.Kerai@nemko.com.

(This article is based on information provided by Vina Kerai; edited by T.Sollie)