The US Department of Commerce’s Bureau of Industry and Security (BIS) has issued new export controls on several technologies, including metal additive manufacturing.
Introduced through an interim final rule, the 3D printer controls seek to counter terrorism threats, bolster national security, and support regional stability.
The rule implements new Export Control Classification Numbers (ECCNs) on metal 3D printers that employ laser beams, electron beams, or electric arcs.
Additional restrictions have been placed on cryocooling, quantum computing, semiconductor, and gate-all-around field-effect transistor (GAAFET) technologies. Controls to software designed to develop, produce, operate, or maintain these technologies have also been added.
A license will now be required to ship the specified technologies outside the US.
A presumption of approval has been made for countries in Country Group A:1, including many EU nations, the United Kingdom, Korea, Japan, and Australia. Exporting to Country Groups D:1 and D:5, which feature China and Russia, has been virtually outlawed through a presumption of denial.
The controls seek to align US policy with new regulations imposed by the country’s allies. This reflects a global trend of tightening export restrictions to protect and retain advanced technologies. Motivated by security and economic considerations, it is hoped the new controls will create strong domestic supply chains amid heightened global conflict and threats to shipping.
Earlier this year, the UK Government imposed similar export controls on ‘emerging technologies,’ including metal 3D printers and software. Additionally, France, Spain and the Netherlands recently implemented unilateral export controls on advanced technologies. These extended the scope of export restrictions beyond dual-use goods specified within the EU Dual-Use regulation.
BIS’s interim final rule introduces License Exception Implemented Export Controls (IEC), streamlining exports to countries with comparable export control frameworks, including the UK, Italy, and Japan.
New metal additive manufacturing export controls
The new rule controls the export of 3D printers ‘designed to produce metal or metal alloy components’ if they use an inert gas or vacuum equal to or less than 100 Pa.
3D printers that feature ‘in-process monitoring’ equipment in a ‘co-axial configuration’ or ‘paraxial configuration’ are also affected. Specifically, this includes imaging cameras, pyrometers designed to measure temperatures above 1,000°C, and radiometers or spectrometers. Closed-loop control systems are also specified under the new rules. These modify 3D printing parameters based on live feedback from the aforementioned ‘in-process monitoring’ systems.
Away from additive manufacturing, the new BIS restrictions impact cryocooling systems that provide cooling power ≥600 μW at or below -273.05°C for over 48 hours. Two-stage pulse tube cryocoolers rated to maintain temperatures below -269.15°C and provide cooling power ≥1.5 W at or below -268.95°C face the same restrictions.
Quantum computers based on physical qubit counts, GAAFET technology for integrated circuits or devices, and semiconductor equipment for advanced chip production are also impacted by the new rule.
The latter faces two controls covering Scanning Electron Microscopes (SEMs) for high-precision semiconductor imaging, and cryogenic wafer probing equipment with dual-use potential in quantum computing and other ‘sensitive applications.’
‘Anti-terrorism’ export restrictions to protect national security
BIS hopes that these restrictions will prevent the next generation of metal 3D printers from falling into the hands of malicious actors. These systems, according to BIS, will enable significant improvements in part performance properties and advanced military capabilities not possible with current technology.
US and foreign companies operating in the affected sectors will now need to re-evaluate and update their compliance programs to meet the new requirements.
In addition to IEC and presumption exceptions, BIS has introduced exemptions for certain newly controlled items. Foreign nationals from D:1 or D:5 countries are eligible, with their employers facing strict reporting obligations. This includes annual updates on foreign employees and notification of terminations.
Grandfather clauses have also been included in the new export controls. Here, certain foreign employees and contractors of companies in the United States who currently have access to controlled technology will continue to do so without a license. This does not protect the export of some GAAFET technology to foreign persons whose most recent country of citizenship or residence is classified under the D:1 or D:5 groups.
BIS is accepting comments on the interim final rule until November 5, 2024. During this period, businesses have been invited to provide feedback on its impact, suggest clarifications, or propose adjustments to its scope.
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3D printing export controls
Export controls for 3D printing technology are nothing new. The UK Government’s recently implemented controls on ‘emerging technologies’ largely mirror those of the new BIS rule.
Implemented by the UK Export Control Joint Unit (ECJU), these controls also seek to protect national security by restricting d dual-use technologies that can be used for military applications.
This is not the first time BIS has extended 3D printing export controls. In 2019, it placed restrictions on a slew of ‘emerging technologies,’ including additive manufacturing, artificial intelligence (AI), machine learning, and robotics.
At the time, the restrictions drew concern from within the 3D printing industry. Commentators expressed concern that these controls would inhibit technological development. Significantly, leading aerospace manufacturers Airbus and Boeing criticised the move. They argued that additive manufacturing technology does not inherently present national security concerns.
Several US companies have been found to have breached export regulations. In 2022, Rapid Cut, Quicksilver Manufacturing and US Prototype had their export licenses suspended after allegedly leaking confidential defense data to Chinese 3D printing service providers.
The companies are believed to have asked Chinese manufacturers to produce 3D printed satellites, rockets and other defense-related prototypes. They allegedly shared sensitive technical drawings and blueprints without authorization.
In a similar case, 3D printer manufacturer 3D Systems was ordered to pay up to $27 million to three US Government departments last year. This followed allegations that it violated US Export Control rules. The firm reportedly exported unauthorized material overseas, including files related to the repair, operation, production, and development of U.S. spacecraft.
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Featured image shows the US Department of Commerce building. Photo via the US Department of Commerce.
