On September 15, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule extending Russia-focused industry sector sanctions under the Export Administration Regulations (EAR) to Belarus. The rule introduced new controls on quantum computing items, advanced manufacturing equipment, and other EAR99-designated goods.
A newly created Supplement No. 6 to Part 746 of the EAR listed specific quantum computing-related items now requiring a license for export, reexport, or in-country transfer to or within Belarus. Controlled items included quantum computers and specially designed assemblies and components, cryogenic refrigeration systems, ultra-high vacuum equipment, and high quantum efficiency photodetectors and sources. Advanced manufacturing equipment, metal powders, and additive manufacturing items were also added. BIS stated that these items were important to advanced production and development capabilities across a number of industries, including the defense-industrial base.
On the same day, the Treasury Department’s Office of Foreign Assets Control (OFAC) issued a determination under Executive Order 14071 prohibiting U.S. persons from providing quantum computing services to any person located in Russia. OFAC also issued a separate determination under Executive Order 14024 allowing the designation of any entity operating in Russia’s quantum computing sector. While the OFAC services ban applied specifically to Russia, the BIS export controls on quantum computing hardware and components covered both Russia and Belarus under the same licensing framework.