Earlier this month, the Bureau of Industry and Security (BIS) published its spring 2024 regulatory agenda along with the rest of the Commerce Department. Of note is the continued focus on access to emerging technology, particularly relating to artificial intelligence (AI) and advanced computing. Here is a summary of the upcoming and proposed rules related to these topics: 

Upcoming Final Rules for SME and AC/S  

In October 2023, BIS published interim final rules relating to Semiconductor Manufacturing Equipment (SME) and Advanced Computing/Supercomputing (AC/S). Both rules are now scheduled for final publication, with the SME rule anticipated by the end of the summer and the AC/S rule expected in the fall.  

In January, our team published a client alert detailing both the SME and AC/S Interim Final Rules. Read the alert here. 

Further Collaboration with International Partners on Export Controls  

BIS presented an interim final rule stating that it is working with international partners to implement export controls on items such as quantum computers, manufacturing equipment for metal or metal alloy components, and software and technology related to integrated circuits.   National security was cited as a primary reason for these export controls. BIS expects the interim final rule to be published in the fall.    

Cloud Computing and Data Centers Products and Services Rules on the Horizon 

In the fall, BIS anticipates issuing a proposed rule on information and communications technology and service (ICTS) controls on certain transactions involving ICTS, specifically cloud computing and data center products and services, under a foreign adversary’s ownership, control, jurisdiction, or direction. BIS cites risks to national security as the need for this rule.  

Advanced AI and Computing Proposed Rule Seeks to Establish Reporting Requirements to BIS 

BIS is also attempting to stay ahead of the constantly evolving AI space. The agenda includes a proposed rule that would seek to establish a reporting requirement to BIS for the development of advanced artificial intelligence models and computing clusters. The agency expects to publish the proposed rule along with a request for comments in late summer/early fall. 

Kurt Vinson contributed to this article.