*This is an updated version of the December 10th blog post.

Key Takeaways:

  • Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below).
  • You may submit comments on the criteria the U.S. government will use to determine what technologies are subject to export controls.
  • The deadline for comments has been extended to January 10, 2019.
  • We can help.


As we reported here, the U.S. government has published an invitation to comment on the criteria for establishing new export controls on what it calls “emerging and foundational technologies.” The list of technology fields targeted for review is as follows:

  1. Biotechnology
  2. Artificial intelligence (AI) and machine learning technology
  3. Position, Navigation, and Timing (PNT) technology
  4. Microprocessor technology
  5. Advanced computing technology
  6. Data analytics technology
  7. Quantum information and sensing technology
  8. Logistics technology
  9. Additive manufacturing
  10. Robotics
  11. Brain-computer interfaces
  12. Hypersonics
  13. Advanced Materials
  14. Advanced surveillance technologies

Why Comment?

If your company makes products or creates any know-how in any of these sectors, new export controls could limit your exports and restrict your ability to disclose know-how to foreign nationals, even within the United States, even within your own company.

You may submit public comments on the proposed rule. The current deadline for submission is now Thursday, January 10, 2019. The government announced the extension of the deadline today (December 11, 2018) in a public meeting of the U.S. Department of Commerce Regulations and Procedures Technical Advisory Committee (RPTAC).

Your Sheppard Mullin export control team is standing by to help you formulate the arguments that may limit the impact of these regulations on your business.