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U.S. Introduces New Export Controls on 3D Printers to Combat Terrorism.
In a significant move aimed at enhancing national security, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has unveiled new export controls concerning advanced technologies, including metal additive manufacturing (3D printing). These measures are outlined in an interim final rule designed to address terrorism threats and fortify regional stability.The new regulations introduce specific Export Control Classification Numbers (ECCNs) targeting metal 3D printers that utilize technologies such as laser beams, electron beams, or electric arcs. Alongside this, restrictions have also been placed on technologies related to cryocooling, quantum computing, semiconductor manufacturing, and gate-all-around field-effect transistors (GAAFETs). Notably, software that supports the development, production, or operation of these technologies will also require oversight.
Under the new guidelines, companies will need to obtain licenses to export these specified technologies beyond U.S. borders. A presumption of approval is established for exports to countries classified under Country Group A:1, which includes several EU nations, the UK, South Korea, Japan, and Australia. Conversely, the export of these technologies to Country Groups D:1 and D:5, encompassing nations like China and Russia, faces a presumption of denial, effectively limiting trade with these regions.
This move aligns U.S. policy with similar regulations enacted by allied nations, reflecting a global trend toward stricter export controls aimed at safeguarding advanced technologies. The new measures are expected to bolster domestic supply chains amid escalating global tensions and threats to shipping security.
In a parallel development, the UK government recently introduced comparable export restrictions on emerging technologies, which encompass metal 3D printers. Other European countries, including France, Spain, and the Netherlands, have also rolled out unilateral export controls extending beyond the EU’s dual-use regulations.
Key Provisions of the New Export Controls
The BIS’s interim final rule specifically targets 3D printers designed for producing metal or metal alloy components using an inert gas or vacuum systems under 100 Pa. Additional controls apply to printers equipped with advanced in-process monitoring systems, such as imaging cameras and temperature-measuring pyrometers, which enhance the precision and performance of additive manufacturing.Beyond 3D printing, the new regulations also encompass cryocooling technologies capable of maintaining ultra-low temperatures for extended periods, as well as advanced semiconductor manufacturing equipment and quantum computing devices. Notably, this includes Scanning Electron Microscopes (SEMs) and cryogenic wafer probing systems that may have dual-use applications in sensitive sectors.
BIS aims to prevent advanced 3D printing technologies from being accessed by malicious entities, emphasizing the potential for these systems to dramatically improve military capabilities and part performance.
Compliance and Feedback Mechanisms
As companies in the affected sectors adapt to these new regulations, they will need to reassess their compliance strategies. BIS has introduced a License Exception for Implemented Export Controls (IEC) to facilitate exports to nations with comparable regulatory frameworks, such as the UK, Italy, and Japan. Additionally, the new rules contain exemptions for certain foreign nationals from countries classified under D:1 or D:5, though their employers will be required to adhere to strict reporting protocols.A grandfather clause will also allow specific foreign employees and contractors who currently have access to controlled technologies to retain that access without needing a new license. However, this does not extend to certain GAAFET technologies for individuals from designated countries.
BIS is currently accepting public comments on the interim final rule until November 5, 2024. Businesses are encouraged to provide feedback regarding the rule’s implications, seek clarifications, or suggest modifications to its scope. This proactive step by the U.S. reflects an urgent need to safeguard critical technologies and fortify national security in an increasingly complex global landscape.
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