US Puts Export Controls on Quantum Computers
Entities must be licensed to export key components, and they must disclose when certain foreign nationals are working on the technology in the U.S.
In September, the Commerce Department announced export controls on quantum computing technologies, alongside new controls for advanced semiconductors and additive manufacturing technologies. The controls cover key equipment, materials, and software used in quantum computers, as well as some complete computers.
The department stopped short of requiring licenses for foreign nationals to work with these technologies in the U.S., instead implementing new disclosure requirements for certain foreign nationals. However, it has reserved the right to add license requirements in the future and is seeking input on what effects they would have.
The interim final rule, issued by the department’s Bureau of Industry and Security, requires entities to obtain a license before exporting the items, with exceptions for countries that have implemented equivalent controls, making it “significantly more difficult for our adversaries to develop and deploy these technologies in ways that threaten our collective security,” said BIS head Alan Estevez in a press release.
Sharing controlled technology with foreign nationals in the U.S. is generally subject to “deemed” export controls — the transfer is considered an export despite occurring inside the country. However, in recognition of the importance of foreign nationals to the U.S. quantum workforce, the rule creates exceptions for deemed exports, even for individuals from countries identified by the government as posing national security concerns or subject to arms embargoes, referred to as D:1 and D:5 countries respectively, such as China, Russia, and Iran.
The rule instead requires entities that share controlled quantum technology with these foreign nationals to record what information they release and to whom.
“What BIS is doing is sort of keeping the status quo and gathering information about D:1 and D:5 nationals working in quantum in the U.S., almost certainly with an eye to deciding a year or something from now whether that should change,” former senior BIS official Kevin Wolf said in an interview.
The quantum controls on exports to certain allies enter effect on Nov. 5, while the rest of the new controls went into effect the day of the announcement, Sept. 6. The rule includes a request for public comment on the prospect of adding deemed export license requirements for D:1 and D:5 countries, as well as ideas for ways to address national security concerns without using deemed export licenses. BIS will accept comments on the new rule through Nov. 5.
Carl Williams, a quantum technology consultant and former NIST scientist, said that aligning U.S. controls with international partners is a positive move, but that the new reporting requirements pose a burden for young or small quantum companies.
“The big companies that deal with this, they have the infrastructure in place,” he said. “The small companies, they will have to consult lawyers and get advice and learn how to do it, and then they will have to continually follow requirements... It just doesn’t come cheap to a startup.”
Kate Timmerman, CEO of the Chicago Quantum Exchange, said the rule aims to minimize disruptions to international collaboration. “They very intentionally focused [the export controls] in a way where it would not actually inhibit R&D going on both within the United States, as well as collaborative research that goes on between U.S. and international researchers,” she said.
Clare Zhang is a science policy reporter at FYI, published by the American Institute of Physics.