BIS is implementing new controls on advanced technologies, including quantum computers/materials/related assemblies, coating technology, and metal additive manufacturing equipment and technology. The final interim rule will be published in tomorrow’s (September 6^th) Federal Register.

These controls include the addition and/or revision of numerous ECCNs for the control of these quantum computer and related items, additive manufacturing equipment designed to produce metal or metal alloy components, and specially designed components and technology for the development of coating systems.

Licensing requirements for quantum computing systems for several of the new ECCNs will be worldwide.

BIS has created license exception Implemented Export Controls (IEC) for exports to international partners whose country’s export controls for these items are harmonized with U.S. controls. These destinations are eligible for License Exception IEC for certain classifications. Each ECCN will indicate “IEC Yes” if the exception is available.

There are also several General Licenses and grandfather clauses for use in ongoing work initiated prior to this rule being finalized as well as for deemed exports to foreign national employees of non D:1 and D:5 countries to whom the related technology was released prior to the rule being finalized.

This rule represents a significant revision of the EAR and the Commerce Control List. The above is a general overview and specific restrictions applicable to each affected technology need to be determined on a case-by-case basis. If you are involved in any of the affected technologies, please contact our office to determine the extent to which this may impact you.