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ICYMI: Export Controls Considered on Emerging Technologies; Comments Due Dec. 19

Friday, December 07, 2018
Sandler, Travis & Rosenberg Trade Report

[Editor’s note: A version of this article was originally published Nov. 20.]

Export controls on artificial intelligence, 3-D printing, advanced textile and other materials, and other emerging technologies could result from a process launched recently by the Bureau of Industry and Security. However, BIS says it is not seeking to expand jurisdiction over technologies not currently subject to the Export Administration Regulations nor to alter existing controls on technology already specifically described on the Commerce Control List.

BIS has identified the following categories of emerging technologies on which it may establish controls on exports, reexports, and in-country transfers, as allowed by the Export Control Reform Act of 2018.

- biotechnology (e.g., nanobiology, synthetic biology, genomic and genetic engineering, and neurotech)

- artificial intelligence and machine learning technology (e.g., neural networks and deep learning, evolution and genetic computation, computer vision, planning, etc.)

- position, navigation, and timing technology

- microprocessor technology (e.g., systems-on-chip or stacked memory on chip)

- advanced computing technology (e.g., memory-centric logic)

- data analytics technology (e.g., visualization, automated analysis algorithms, or context-aware computing)

- quantum information and sensing technology (e.g., quantum computing, encryption, or sensing)

- logistics technology (e.g., total asset visibility or distribution-based logistics systems)

- additive manufacturing (e.g., 3-D printing)

- robotics (e.g., micro-drone and micro-robotic systems. swarming technology, self-assembling robots, and molecular robotics)

- brain-computer interfaces

- hypersonics (e.g., flight control algorithms, propulsion technologies, and specialized materials)

- advanced materials (e.g., adaptive camouflage, functional textiles, or biomaterials)

- advanced surveillance technologies (e.g., faceprint and voiceprint technologies)

In addition, BIS is seeking by Dec. 19 input on other general technology categories that may warrant review as well as how to identify other emerging technologies in the future. Comments may also address the development of emerging technologies in foreign countries, the effect export controls may have on the development of emerging technologies in the U.S., and the effectiveness of export controls on limiting the proliferation of emerging technologies in foreign countries.

BIS states that comments received will be considered as part of an interagency process that is expected to result in proposed rules for new export control classification numbers on the Commerce Control List. In determining the appropriate level of any export controls for identified technologies BIS will evaluate the potential end-uses and end-users of the technology as well as the countries to which exports from the U.S. are restricted (e.g., embargoed countries). At a minimum, BIS states, a license must be required for the export of emerging technologies to countries subject to U.S. embargo, including arms embargo.

For more information, please contact Jared Hollett at (415) 490-1404 or Jenna Glass at (415) 490-1402.

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