The US Department of Commerce’s Bureau of Industry and Security (‘BIS’) has extended the comment period for its emerging technologies control review from 19 December until 10 January. The move is in response to ‘requests received from members of the public’ to allow interested parties more time to submit their responses.
The review is intended to identify emerging technologies ‘essential to US national security’, which may currently fall outside the remit of existing US export control regimes or be subject only to limited controls. BIS will then consider effective ways to impose export controls on these technologies. A separate review is due to be conducted to formulate the definition of ‘foundational technologies’ – although views are also sought on the separation of the two – anticipated in early 2019.
The emerging technologies include ‘potential conventional weapons, intelligence collection, weapons of mass destruction, or terrorist applications or could provide the United States with a qualitative military or intelligence advantage.’
The categories of technology from which new, currently uncontrolled technologies may emerge are broadly identified in the advance notice of proposed rulemaking (‘ANPRM’) of 19 November as:
- Artificial intelligence (‘AI’) and machine learning
- Position, Navigation, and Timing technology
- Microprocessor technology
- Advanced computing technology
- Data analytics technology
- Quantum information and sensing technology
- Logistics technology
- Additive manufacturing (eg, 3D printing)
- Brain-computer interfaces
- Advanced materials
- Advanced surveillance technologies.
‘This request for comments is the public start to the most complex, intellectually challenging and economically significant effort to identify simultaneously multiple disparate categories of undefined emerging technologies for non-specific national security concerns that warrant (i) unilateral controls on their export to foreign countries, (ii) limitations on their release to foreign persons in the United States and (iii) additional mandatory filing requirements with CFIUS for non-controlling foreign investments of any size in US businesses in a wide variety of sectors,’ commented law firm Akin Gump.