POSSIBLE EXPORT CONTROLS ON EMERGING TECHNOLOGIES

Discussion on the Commerce Department’s recent notice regarding proposed export controls on “emerging technologies.” The notice, published on November 19th,  gives industry 30 days to submit comments on these proposed controls. The deadline for comments is, therefore, December 19th. You can find more information on this topic at the Akin Gump website.

Featured Speaker:

Kevin Wolf

Mr. Kevin Wolf

Mr. Wolf served for seven years (2010-2017) as Assistant Secretary of Commerce for Export Administration in the Bureau of Industry and Security (BIS) at the Department of Commerce, where he developed and implemented policies pertaining to Export Administration issues and provided overall direction to, and management of, BIS’s national security, nonproliferation, foreign policy, national defense and strategic industrial resource functions. 

Call SUmmary

What are “emerging technologies”? These are a wide variety of technologies under development that are not now controlled for export, but BIS feels they should be because they are essential to the national security of the United States. This means technologies which you may be currently developing that have not come to technological fruition, and/or have not yet resulted in a commercial product, could be controlled. The implications are:
  • Unilateral controls on their export to foreign countries
  • Limitations on their release to foreign persons in the United States
  • Additional mandatory filing requirements with CFIUS for non-controlling foreign investments of any size in U.S. businesses in a wide variety of sectors.
These controls could directly affect R&D business units in all sectors. Representative general categories of emerging technologies on which Commerce seeks to control include:
  • Biotechnology;
  • Artificial intelligence;
  • Position, Navigation, and Timing (PNT) technology;
  • Microprocessor technology;
  • Advanced computing technology;
  • Data analytics technology;
  • Quantum information and sensing technology;
  • Logistics technology;
  • Additive manufacturing;
  • Robotics;
  • Brain-computer interfaces;
  • Hypersonics;
  • Advanced materials; and
  • Advanced surveillance technologies.