Understanding New Export Controls on Advanced Computer Components and AI Model Weights

The Bureau of Industry and Security (BIS), part of the Department of Commerce, has published an update on export controls for advanced computing items (including advanced integrated circuits and software) and, for the first time, on AI model weights.

According to an article by attorneys from the Sidley law firm, AI model weights are the numerical parameters within an AI model that help determine its output in response to input. 

“AI models produce meaningless outputs without these weights,” the authors write. “BIS thus sees controlling model weights as key to preventing US adversaries from accessing advanced AI capabilities.” 

The restrictions on exporting AI model weights are significantly narrowed, with exceptions only for close allies. 

The advanced computing export controls expand the geographic area covered under current regulations and narrow the license exceptions for some destinations, most notably China. At the same time, they provide exceptions where they are deemed to advance US foreign policy interests. 

The article provides key takeaways from the document published in the Federal Register just days before Trump took office. The firm’s postscript notes that it is still relevant as of the posting date.

Among the key takeaways noted by the writers: By using the “interim final rule” mechanism and skipping the proposed rule stage, BIS essentially invokes a “regulate first, collect comments later” approach.

The writers also note that this document’s wording imposes the most telling changes on countries “in the middle,” not clearly US allies or adversaries.

“In light of the complex new rules,” the writers conclude, “exporters may need to examine and adjust their compliance processes for US and foreign-made items or enhance due diligence procedures.”