[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Proposed Rules]
[Pages 58201-58202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25221]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 180712626-8840-01]
RIN 0694-AH61
Review of Controls for Certain Emerging Technologies
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: 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. This advance notice of proposed
rulemaking (ANPRM) seeks public comment on criteria for identifying
emerging technologies that are essential to U.S. national security, for
example because they have potential conventional weapons, intelligence
collection, weapons of mass destruction, or terrorist applications or
could provide the United States with a qualitative military or
intelligence advantage. Comment on this ANPRM will help inform the
interagency process to identify and describe such emerging
technologies. This interagency process is anticipated to result in
proposed rules for new Export Control Classification Numbers (ECCNs) on
the CCL.
DATES: Submit comments on or before December 19, 2018.
ADDRESSES: You may submit comments through either of the following:
Federal eRulemaking Portal: http://www.regulations.gov.
The identification number for this rulemaking is BIS 2018-0024.
Address: By mail or delivery to Regulatory Policy
Division, Bureau of Industry and Security, U.S. Department of Commerce,
Room 2099B, 14th Street and Pennsylvania Avenue NW, Washington, DC
20230. Refer to RIN 0694-AH61.
FOR FURTHER INFORMATION CONTACT: Kirsten Mortimer, Office of National
Security and Technology Transfer Controls, Bureau of Industry and
Security, Department of Commerce. Phone: (202) 482-0092; Fax (202) 482-
3355; Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
As part of the National Defense Authorization Act (NDAA) for Fiscal
Year 2019, Public Law No: 115-232, Congress enacted the Export Control
Reform Act of 2018 (the Act or ECRA). Section 1758 of the Act
authorizes Commerce to establish appropriate controls, including
interim controls, on the export, reexport, or transfer (in country) of
emerging and foundational technologies. Under the Act, emerging and
foundational technologies are those essential to the national security
of the United States and are not described in Section 721(a)(6)(A)(i)-
(v) of the Defense Production Act of 1950, as amended. Emerging and
foundational technologies, in keeping with ECRA, will be determined by
an interagency process that will consider both public and classified
information as well as information from the Emerging Technology
Technical Advisory Committee and the Committee on Foreign Investment in
the United States.
In identifying emerging and foundational technologies, the process
must consider:
The development of emerging and foundational technologies
in foreign countries;
The effect export controls may have on the development of
such technologies in the United States; and
The effectiveness of export controls on limiting the
proliferation of emerging and foundational technologies in foreign
countries.
To help inform this process, this advance notice of proposed
rulemaking (ANPRM) proposes several general areas for public comment.
Given the challenges involved in identifying emerging and foundational
technologies, this ANPRM will help Commerce and other agencies propose
specific emerging technologies for control.
Once an emerging or foundational technology has been identified,
the Act authorizes Commerce to establish controls, including interim
controls, on the export, reexport, or transfer (in-country) of that
technology. In determining the appropriate level of export controls,
the Department must consider the potential end-uses and end-users of
the technology, and countries to which exports from the United States
are restricted (e.g., embargoed countries). While Commerce has
discretion to set the level of export controls, at a minimum it must
require a license for the export of emerging and foundational
technologies to countries subject to a U.S. embargo, including those
subject to an arms embargo. Responses to this ANPRM will help Commerce
and other agencies identify and assess emerging technologies 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 emerging fields.
Emerging Technologies
To assist BIS in identifying emerging technologies that are
essential to the national security of the United States, this ANPRM
seeks public comment on criteria for defining and identifying emerging
technologies. This ANPRM describes certain categories of technology
that are currently subject to the EAR but controlled only to embargoed
countries, countries designated as supporters of international
terrorism, and restricted end uses or end users. These categories are a
representative list of the
[[Page 58202]]
technology categories from which Commerce, through an interagency
process, seeks to determine whether there are specific emerging
technologies that are important to the national security of the United
States for which effective controls can be implemented that avoid
negatively impacting U.S. leadership in the science, technology,
engineering, and manufacturing sectors.
Commerce does not seek to expand jurisdiction over technologies
that are not currently subject to the EAR, such as ``fundamental
research'' described in Sec. 734.8 of the EAR. For purposes of this
ANPRM, Commerce does not seek to alter existing controls on technology
already specifically described in the CCL. Such controls would
generally continue to be addressed through multilateral regimes or
interagency reviews.
Foundational Technology
Commerce will issue a separate ANPRM regarding identification of
foundational technologies that may be important to U.S. national
security. Commerce seeks public comment, however, on treating emerging
and foundational technologies as separate types of technology.
Representative Technology Categories
The representative general categories of technology for which
Commerce currently seeks to determine whether there are specific
emerging technologies that are essential to the national security of
the United States include:
(1) Biotechnology, such as:
(i) Nanobiology;
(ii) Synthetic biology;
(iv) Genomic and genetic engineering; or
(v) Neurotech.
(2) Artificial intelligence (AI) and machine learning technology,
such as:
(i) Neural networks and deep learning (e.g., brain modelling, time
series prediction, classification);
(ii) Evolution and genetic computation (e.g., genetic algorithms,
genetic programming);
(iii) Reinforcement learning;
(iv) Computer vision (e.g., object recognition, image
understanding);
(v) Expert systems (e.g., decision support systems, teaching
systems);
(vi) Speech and audio processing (e.g., speech recognition and
production);
(vii) Natural language processing (e.g., machine translation);
(viii) Planning (e.g., scheduling, game playing);
(ix) Audio and video manipulation technologies (e.g., voice
cloning, deepfakes);
(x) AI cloud technologies; or
(xi) AI chipsets.
(3) Position, Navigation, and Timing (PNT) technology.
(4) Microprocessor technology, such as:
(i) Systems-on-Chip (SoC); or
(ii) Stacked Memory on Chip.
(5) Advanced computing technology, such as:
(i) Memory-centric logic.
(6) Data analytics technology, such as:
(i) Visualization;
(ii) Automated analysis algorithms; or
(iii) Context-aware computing.
(7) Quantum information and sensing technology, such as
(i) Quantum computing;
(ii) Quantum encryption; or
(iii) Quantum sensing.
(8) Logistics technology, such as:
(i) Mobile electric power;
(ii) Modeling and simulation;
(iii) Total asset visibility; or
(iv) Distribution-based Logistics Systems (DBLS).
(9) Additive manufacturing (e.g., 3D printing);
(10) Robotics such as:
(i) Micro-drone and micro-robotic systems;
(ii) Swarming technology;
(iii) Self-assembling robots;
(iv) Molecular robotics;
(v) Robot compliers; or
(vi) Smart Dust.
(11) Brain-computer interfaces, such as
(i) Neural-controlled interfaces;
(ii) Mind-machine interfaces;
(iii) Direct neural interfaces; or
(iv) Brain-machine interfaces.
(12) Hypersonics, such as:
(i) Flight control algorithms;
(ii) Propulsion technologies;
(iii) Thermal protection systems; or
(iv) Specialized materials (for structures, sensors, etc.).
(13) Advanced Materials, such as:
(i) Adaptive camouflage;
(ii) Functional textiles (e.g., advanced fiber and fabric
technology); or
(iii) Biomaterials.
(14) Advanced surveillance technologies, such as:
Faceprint and voiceprint technologies.
BIS welcomes comments on: (1) How to define emerging technology to
assist identification of such technology in the future; (2) criteria to
apply to determine whether there are specific technologies within these
general categories that are important to U.S. national security; (3)
sources to identify such technologies; (4) other general technology
categories that warrant review to identify emerging technology that are
important to U.S. national security; (5) the status of development of
these technologies in the United States and other countries; (6) the
impact specific emerging technology controls would have on U.S.
technological leadership; (7) any other approaches to the issue of
identifying emerging technologies important to U.S. national security,
including the stage of development or maturity level of an emerging
technology that would warrant consideration for export control.
Comments should be submitted to BIS as described in the ADDRESSES
section of this ANPRM by December 19, 2018.
This rule was determined to be significant by the Office of
Management Budget under Executive Order 12866.
Dated: November 14, 2018.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2018-25221 Filed 11-16-18; 8:45 am]
BILLING CODE 3510-33-P