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DOC/BIS RIN: 0694-AH75 Publication ID: Spring 2020 
Title: Export Controls for Quantum Computers  
Abstract:

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.

 

 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 15 CFR 774   
Legal Authority: 50 U.S.C. 4801 - 4582    50 U.S.C. 4601 et seq.    50 U.S.C. 1701 et seq.    E.O.13026    E.O.13222   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  08/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Sharron Cook
Policy Analyst
Department of Commerce
Bureau of Industry and Security
2096/MS 2705, 14th Street and Pennsylvania Avenue NW,
Washington, DC 20230
Phone:202 482-2440
Fax:202 482-3355
Email: sharron.cook@bis.doc.gov