Trade Law Daily is a Warren News publication.

US Export Controls May Complicate Quantum Tech Efforts, GAO Says

Export controls may prevent some hurdles in the investment and development of emerging quantum computing technologies, the Government Accountability Office said in an Oct. 19 report. Controls may limit some U.S. trade, prevent U.S. quantum technology companies from collaborating with other countries and deter U.S. firms from employing highly skilled foreign workers, the GAO said.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

Quantum technology experts told the GAO that “international collaboration is needed” to develop quantum technologies, but export controls could prevent that cooperation. They specifically said the International Traffic in Arms Regulations and the Export Administration Regulations “could make it challenging for quantum technology developers to discuss their work across national lines.” This could specifically prevent collaboration involving “quantum cryptography, post quantum cryptography algorithms, helium-based refrigeration, synthetic diamond material, and certain materials growth and fabrication techniques,” all listed on the Commerce Control List, the GAO said.

Similarly, quantum technology companies are facing challenges with U.S. deemed export controls, which require companies to apply for a license before releasing certain controlled technologies to certain foreign employees even if they’re located in the U.S. Experts told the GAO “there may be missed opportunities to hire leading talent in quantum technologies if employers restrict their talent pool to the United States.”

But they also said deemed export controls “address a legitimate national security risk” and can help ward off foreign influence in U.S. research. The GAO said foreign government talent recruitment programs can influence researchers who receive federal funding to “divert intellectual property and federally funded research to other countries.”

Still, “international hiring” will be made more difficult, the report said. One expert told the GAO that foreign “members of their workforce” have faced issues extending their visas while conducting “breakthrough work” on quantum technologies. Another expert said the ITAR and EAR “have previously made hiring foreign talent challenging,” the report said. Several experts said they have faced challenges navigating deemed export controls on a project “because of potential issues around discussing controlled information with non-U.S. persons.”

Companies have been concerned about emerging technology controls for years, but BIS has said it plans to propose them multilaterally so they don’t harm U.S. competitiveness (see 1911070014). In addition, the GAO said U.S. export control agencies impose restrictions to “manage national security risks associated with exporting sensitive items while ensuring that legitimate trade can still occur.”

A BIS spokesperson said Oct. 21 the bureau continues to work with other agencies to identify emerging technologies, including quantum computing, for potential controls. "This process includes taking into account the effect export controls may have on the development of such technologies in the United States," the spokesperson said.