Commerce Seeks Input on AI Export Program, Compliance With Export Controls

The announcement came about three months after President Donald Trump directed Commerce and other agencies to create an American AI Exports Program to spread the adoption of American AI systems around the world (see 2507240019). A new notice set to be published in the Federal Register asks for feedback about that plan, including public comments relating to the AI technology stack, the full-stack AI technology package proposals that companies will submit to the U.S. government, information on foreign markets, what type of federal support would be helpful, how the program can stay within the bounds of U.S. national security regulations, and more. Comments are due 30 days after the notice is published in the Federal Register.

Commerce said the responses will help it select “industry-led export packages” and proposals from “industry-led consortia” to participate in the program. The agency will choose packages that contain “AI hardware, software, models, and applications across industry sectors for promotion to countries and regions around the world.”

One portion of Commerce’s notice asks for feedback on how it should ensure that those proposals, and the resulting exports, comply with U.S. export controls, outbound investment regulations and “end-user policies.” The agency specifically asks:

• What factors should be taken into account to ensure the program compiles with those and other national security regulations?
• How might Commerce use the program to advance the export of American AI technology while decreasing international dependence on AI technologies developed by countries of concern?
• What other factors should be considered to maximize the benefits of the program for America’s national security?

Other parts of the notice ask for information about the types of consortia that are interested in participating. Commerce said it recognizes that private-sector companies are the “most likely type of organization to respond,” but it also said trade associations, potential buyers of American AI exports and other members of civil society may wish to submit responses.

In addition, it asked whether it should clarify or expand on the AI-technology stack components that it’s looking to be included in proposals, where industry may run into challenges creating a proposal that has “all elements” of a full-stack AI export package, whether Commerce should issue guidance about how an industry-led consortium should be formed and governed, and whether foreign entities should be allowed to participate in a consortium.

Commerce also is asking for comments on whether it should prioritize any “specific target countries” to boost AI exports. It wants information about the possible “tradeoffs that consortia might encounter between prioritizing specific countries and prioritizing regions,” as well as the types of “factors and assessment criteria” that should be considered when evaluating priority markets, such as any existing energy infrastructure.

Lastly, the agency asked for feedback about whether there are business, operational or ownership models that the U.S. government should prioritize when selecting a consortium, the type of U.S. federal support mechanisms that would be “most useful to consortia,” how the government should “evaluate the relative merits of a consortium’s proposal,” whether it should allow companies to participate if they fall within the AI tech stack but “are not part of a consortium,” and more.