View Rule

The Bureau of Industry and Security (BIS) controls the export of dual-use and less sensitive military items through the Export Administration Regulations (EAR), including the Commerce Control List (CCL). As controls on exports of technology are a key component of the effort to protect sensitive U.S. technology, many sensitive technologies are listed on the CCL, often consistent with the lists maintained by the multilateral export control regimes of which the United States is a member. Certain technologies, however, may not yet be listed on the CCL or controlled multilaterally because they are emerging technologies. As such, they have not yet been evaluated for their national security impacts. One such technology is quantum computers. In February of 2019, the United States submitted a proposal to add quantum computers to the Wassenaar Arrangement Dual-use List. BIS recognizes that the general nature of the categories of products published in the emerging technology Advanced Notice of Proposed Rulemaking (ANPR) made it difficult in some cases for the public to provide specific comments on the impact a control would have. Therefore the U.S. proposal submitted to the Wassenaar Arrangement is published for public comment in order to determine to what extent the proposed technical parameters have addressed the issues raised in the comments to the emerging technology ANPR. Responses to this rule will help Commerce and other agencies identify and assess criteria used to control certain quantum computers for the purposes of updating the export control lists without impairing national security or hampering the ability of the U.S. commercial sector to keep pace with international advances in this emerging field.