Clifford Chance

Commerce Department Request for Comments Forecasts Increased National Security Controls on Array of Emerging Technology

26 November 2018

On November 19, 2018, the U.S. Department of Commerce's Bureau of Industry and Security issued an important notice of proposed rulemaking ("ANPRM") as the first step in expanding U.S. export and foreign investment controls to cover a range of emerging technologies deemed critical to U.S. national security in coming decades. The ANPRM identifies fourteen technology areas which may be subject to increased export and investment restrictions, and solicits public comment on how those technologies should be identified and controlled going forward. The results of this process will help define the trajectory of U.S. and multilateral controls on cutting edge technologies for years to come, and may restrict how U.S. companies engage with the rest of the world in fields as diverse and important as artificial intelligence, autonomy, robotics, additive manufacturing, drones, logistics and advanced computing. Companies exposed to any of the technologies at issue should consider making their voices heard during the comment period and afterwards. Comments on the ANPRM are due December 19, 2018.

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