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1084. For the purposes of the determination of September 15, 2022 made pursuant to Executive Order (E.O.) 14071, “Prohibitions Related to Certain Quantum Computing Services” (“the determination”), what is meant by the term “quantum computing services”?
For the purposes of the determination, OFAC anticipates publishing regulations defining this term to include any of the following services when related to quantum computing, quantum computers, electronic assemblies thereof, or cryogenic refrigeration systems related to quantum computing: infrastructure, web hosting, or data processing services; custom computer programming services; computer systems integration design services; computer systems and data processing facilities management services; computing infrastructure, data processing services, web hosting services, and related services; repairing computer, computer peripherals, or communication equipment; other computer-related services; as well as services related to the exportation, reexportation, sale, or supply, directly or indirectly, of quantum computing, quantum computers, electronic assemblies thereof, or cryogenic refrigeration systems related...
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1) Compare FAQ # 1034 (the leading FAQ defining "accounting, trust and corporate formation, and management consulting services" for the purposes of the determination of May 8, 2022 made pursuant to EO 14071. "[S]ervices when related to quantum computing" is capable of an extremely broad reading, given that it is not specified how closely “related” the services must be to quantum computing in order to be prohibited, but compare FAQ # 1067, in which OFAC takes a pragmatic view of the term “related to” as it appears in FAQ # 1034.
2) See FAQ # 1086 for the designation criterion equivalent of this FAQ.
3) See General Note on E.O. 14071-Based Prohibitions on the Exportation of Certain Services to Persons Located in Russia (System Ed. Note) for comments on the FAQ in the context of the...