US Department of Commerce issues milestone RFI for the American AI Export Program

The AI Export Order outlined a framework to promote the export of “full-stack American AI technology packages,” including through implementation of the AI Export Program. The AI Export Order also directed the Commerce Department to issue a call for proposals from industry-led consortia that must:

• include full-stack AI technology packages;
• identify specific target countries or regional blocks for export engagement;
• describe a business and operational model to explain, at a high level, which entities will build, own, and operate data centers and related infrastructure;
• detail requested federal incentives and support mechanisms; and
• comply with US export control regimes, outbound investment regulations, and end-user policies.

Under the AI Export Order, proposals will be evaluated for inclusion under the AI Export Program, and those selected will be designated as priority AI export packages and supported through priority access to federal financing tools.


The AI Export Program RFI

The ITA is seeking public comments on various aspects of the AI Export Program. Industry stakeholders—especially private-sector companies and AI exporters, trade associations, and non-US AI export purchasers—should consider submitting comments and engaging ITA with respect to the scope of the AI Export Program. Comments on the RFI must be submitted within 30 days of publication of the RFI in the Federal Register.

While ITA provides that respondents may answer only those questions most relevant to their expertise or interest, the AI Export Program RFI generally requests comments on:

• whether to clarify or expand the scope of components of the AI technology stack and what factors should be used to assess each component;
• who should participate in the industry-led consortia, how such consortia should be formed and governed, and whether foreign companies should be allowed to participate;
• how to support global deployment of US AI technologies;
• what business, operational, and ownership models should be prioritized for data centers and associated infrastructure and how the AI Export Program can prioritize such models;
• what aspects of federal financing or other tools would be most useful to AI Export Program participants;
• what compliance mechanisms should be drawn upon, taking into account relevant US export control regimes, outbound investment rules, end-user policies, and Bureau of Industry and Security guidance issued thereunder; how proposals submitted for inclusion under the AI Export Program should be evaluated; and
• any other aspects of the AI Export Program that should be considered.

Companies with an interest in the shape and direction of the AI Export Program would be well advised to review the RFI both to understand the likely direction of AI export controls and to determine whether to file comments with the Commerce Department.

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