No New AI Export Controls 'Imminent,' BIS Official Says

The Bureau of Industry and Security isn’t preparing any “imminent” emerging technology export controls on artificial intelligence items, Hillary Hess, the agency’s regulatory policy director, said during a technical advisory committee meeting this week. She also denied an industry rumor the U.S. is preparing to issue a set of sweeping, advanced AI controls, similar to the semiconductor restrictions against China that were released in October.

“We don't have anything, to my knowledge -- and I hope I don't find out at the last minute -- that's really imminent,” Hess said during a Dec. 13 Regulations and Procedures TAC meeting. But she did say BIS has “looked at” implementing new controls on AI and quantum computing technologies under the Export Control Reform Act, which BIS refers to as Section 1758 controls (see 2205200017).

“We've looked at that. I believe the Wassenaar has also looked at it or discussed it in different contexts,” Hess said. If BIS were to impose new AI controls, it would be “in that 1758 context.”

BIS Undersecretary Alan Estevez said in October said the agency likely will impose new controls on AI software and quantum information science items at some point (see 2210270047). “Is this going to be an Oct. 7 style rule?” Hess said, referencing the 139-page rule that implemented new, complex chip restrictions on China (see 2210070049 and 2211010042). “Where I'm kind of coming down on this is: probably no.” She also said to the TAC: “As far as I know, we are not going to come with a big rule that will be effective before everybody has seen it.”