Updated
Updated · The National Law Review · Jun 4
U.S. Imposes Quantum Export Curbs, Finalizes 3 Post-Quantum Standards
Updated
Updated · The National Law Review · Jun 4

U.S. Imposes Quantum Export Curbs, Finalizes 3 Post-Quantum Standards

3 articles · Updated · The National Law Review · Jun 4

Summary

  • September 2024 rules put worldwide export controls on quantum computing items under new 900-series classifications, covering processors, cryogenic systems, amplifiers, software and complete quantum computers.
  • Those controls require licenses for exports to nearly all destinations and add annual deemed-export reporting for foreign-national employees, though BIS stopped short of requiring deemed-export licenses for workers from countries of concern.
  • The same rule also expands CFIUS exposure: foreign investments in U.S. companies working on newly controlled quantum items can trigger mandatory review, reaching beyond takeovers to some venture, joint-venture and licensing deals.
  • August 2024 brought three finalized NIST post-quantum cryptography standards as agencies prepare for the "harvest now, decrypt later" threat and a broader federal shift toward quantum-resistant systems.
  • Contractors now face a widening compliance agenda across export controls, investment screening and cryptography migration, with NSA requiring new National Security System acquisitions to meet CNSA 2.0 by Jan. 1, 2027.

Insights

Are U.S. quantum export controls creating a more self-sufficient and powerful tech rival in China?
If new quantum-proof software can be broken by hardware attacks, is our critical data truly safe?

U.S. Quantum Policy 2024–2026: Export Controls, PQC Standards, and the Geopolitical Race for Secure Digital Infrastructure

Overview

In September 2024, the U.S. Department of Commerce’s Bureau of Industry and Security introduced new worldwide export controls targeting quantum computing items and advanced semiconductor manufacturing equipment. This move reflects growing concerns about the proliferation of advanced technologies with potential military applications and aims to safeguard national security by preventing these critical technologies from being used in ways that could threaten U.S. interests. The new regulations establish updated licensing requirements for the export, reexport, and transfer of these sensitive items, emphasizing the importance of maintaining a technological edge and increasing oversight to restrict access by potential adversaries.

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