IA Trends 2022 – Export Control / CFIUS

Artificial intelligence and machine learning technologies remain at the center of the US government’s national security apparatus. AI is a key sector in the United States’ race against China to stay at the forefront of the development and deployment of emerging technologies, and a concern for its potential to be deployed for surveillance and law enforcement purposes. National security concerns manifest themselves in a number of regulatory regimes, most notably export controls – the transfer of items and technology to non-U.S. Entities – and the CFIUS – an interagency committee tasked with reviewing the national security effect of foreign investment in US companies. As of 2018, the U.S. government has identified AI and related software and technologies as emerging technology areas where additional export controls are needed, but the Commerce Department has yet to release significant new rules identifying such controls, with the exception of a narrow rule regarding AI software for geospatial image analysis. In the absence of such rules, however, companies should not assume that the US government is not concerned with the lawful or unlawful acquisition or transfer of their AI technology outside of the United States. Indeed, companies in the AI ​​space must consider the implications of foreign investment in their activities, as well as cross-border partnerships and technical license agreements, especially if these activities are carried out with partners in countries. of particular concern to the US government, such as China and Russia.

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