BIS Regulatory Agenda Previews Replacement for AI Diffusion Rule, New Tech Controls

One new notice of proposed rulemaking aims to replace the Biden-era AI diffusion rule, which the Trump administration has said it plans to repeal. The replacement rule, titled “Framework for Secure Sharing of Advanced AI Technology with Trusted U.S. Partners Worldwide,” would propose a new “framework for securing the core Artificial Intelligence (AI) technology, advanced integrated circuits (ICs), while promoting AI innovation and prosperity among the United States and its trusted partners,” BIS said.

The agency added that export controls on advanced chips are “critical for preventing or limiting the further development” of weapons of mass destruction, advanced weapons systems, and high-tech surveillance technologies that threaten U.S. national security. The agenda said BIS was hoping to issue this rule in August.

Another new rule would put in place export controls on specific advanced technologies “consistent with controls implemented by international partners.” The final rule could place new, worldwide license requirements on several types of technologies for national security and foreign policy reasons, including:

• “high-entropy alloy or refractory metals and alloys powders for additive manufacturing”
• electronic assemblies, modules or equipment containing one or more “‘user configurable’ Field Programmable Logic Devices (FPLD) having specified parameters”
• semiconductor deposition equipment for tungsten fill or ruthenium layer meeting specified parameters
• telecommunications network surveillance systems, equipment or components meeting specified parameters.

“These controls are the product of extensive discussions with international partners,” BIS said. The agency had said it was aiming to issue the rule in July 2025.

The agenda also newly mentions a rule to finalize an interim final rule from January that created new lists of trusted chip designers and service providers, introduced new chip-related reporting requirements for certain higher-risk customers, and made other changes to U.S. chip controls (see 2501150040). BIS had asked for public comments, and the agency’s new final rule aimed to revise the EAR “in response to requests from the public to provide additional due diligence procedures regarding” advanced chips, BIS said.

“This rule will protect the national security of the United States and assist foundries and Outsourced Semiconductor Assembly and Test (OSATs) companies in complying with provisions of the EAR pertaining to advanced computing ICs in the supply chain,” it said. This rule also will revise the EAR to “make amendments and clarifications based” on two rules issued last year, including one from April 2024 that updated and corrected portions of the agency’s semiconductor export controls (see 2404010020) and another from December that expanded export license obligations on certain foreign-made chip tools (see 2412020016).

BIS is aiming to issue this rule in October.

Another new rule, due in December, will propose to update BIS controls on emerging technologies, otherwise known as Section 1758 Technologies. The rule “proposes changes based on Section 1758 technology controls,” BIS said.

The agency also said it was also aiming to issue several final rules earlier this year that would update the EAR, including one that was due in August and that would make corrections and clarifications to certain aspects of its Russian and Belarusian restrictions; one that was due in July that would revise the EAR “for certain rare earth minerals and strategic metals”; and several rules to update or make other changes to the Entity List, which were due in July.

Agenda Highlights

Highlights of the BIS rulemakings that are at the proposed, final or completed stages are below. New items are marked with an asterisk (*).