In a new ruling, the US Department of Commerce, through its Bureau of Industry and Security (BIS), has implemented new export controls on 3D printers as part of ‘anti-terrorism’ measures. The controls target a variety of cutting-edge technologies, including metal additive manufacturing. The regulations were issued as an interim final rule, and they target 3D printers in order to address terrorism threats, improve national security, and promote regional stability.
This rule creates new Export Control Classification Numbers (ECCNs) for metal 3D printers that use lasers, electron beams, or electric arcs.
Export controls on 3D Printers
Under the new rules, a license will be required to ship the specified technologies outside the United States. Countries in Country Group A:1, which includes many EU nations, the United Kingdom, Korea, Japan, and Australia, are presumed to be approved. Exporting to Country Groups D:1 and D:5, which include China and Russia, has been effectively prohibited due to a presumption of denial.
The controls aim to align US policy with new regulations imposed by its allies. This reflects a global trend of tightening export controls to protect and preserve advanced technologies. Motivated by security and economic considerations, the new controls are intended to strengthen domestic supply chains in the face of increased global conflict and shipping threats.
The United States has been seen implementing protective measures like these to combat terrorism and control threat nations such as China in terms of semiconductor machine sales.
The UK government imposed similar export controls on ’emerging technologies,’ such as metal 3D printers and software, earlier this year. Additionally, France, Spain, and the Netherlands have recently imposed unilateral export controls on advanced technologies. These broadened the scope of export restrictions beyond the dual-use goods listed in the EU Dual-Use Regulation.
The BIS’s interim final rule introduces the License Exception Implemented Export Controls (IEC), which allows exports to countries with similar export control structures, such as the United Kingdom, Italy, and Japan.
New metal additive manufacturing export controls
The new regulation goes into great detail about which machines can and cannot be sold. This is especially relevant to the export of 3D printers that print metal or metal alloy components, particularly if they use an inert gas or vacuum of equal to or less than 100 Pa.
These specifications affect 3D printers equipped with ‘in-process monitoring’ systems, whether in ‘co-axial’ or ‘paraxial’ configurations. This is especially relevant to cameras, pyrometers capable of measuring temperatures above 1,000°C, and devices such as radiometers or spectrometers. The regulations also mention closed-loop control systems, which make real-time adjustments to printing settings based on data from the previously mentioned monitoring systems.
The regulations apply to cryocooling systems that can provide at least 600 μW of cooling power at temperatures of -273.05°C or lower for more than 48 hours, in addition to additive manufacturing. Similarly, two-stage pulse tube cryocoolers capable of maintaining temperatures below -269.15°C while providing at least 1.5 W of cooling power at -268.95°C or lower are included in these restrictions.
The new regulations also apply to quantum computers, which are classified by the number of physical qubits, GAAFET technology in integrated circuits or devices, and advanced semiconductor manufacturing equipment. The latter is especially targeted, with controls on Scanning Electron Microscopes (SEMs) used for precise semiconductor imaging and cryogenic wafer probing tools that could be used in quantum computing and other sensitive technologies.
‘Anti-terrorism’ Measures to protect national security
The Bureau of Industry and Security (BIS) seeks to keep advanced metal 3D printing technologies out of the hands of criminals. These technologies may improve part performance and provide military advancements that previous versions could not.
Companies in relevant industries, both in the United States and abroad, must now adjust and improve their compliance strategies to comply with these new regulations.
BIS will accept comments on the interim final rule until November 5, 2024. During this time, businesses were invited to provide feedback on its impact, make clarifications, or suggest changes to its scope.
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