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DETERMINATION PURSUANT TO SECTION 1(a)(ii) OF EXECUTIVE ORDER 14071
Prohibitions Related to Certain Quantum Computing Services
Pursuant to sections 1(a)(ii), 1(b), and 5 of Executive Order (E.O.) 14071 of April 6, 2022 (“Prohibiting New Investment in and Certain Services to the Russian Federation in Response to Continued Russian Federation Aggression”) and 31 CFR § 587.802, the Director of the Office of Foreign Assets Control, in consultation with the Department of State, hereby determines that the prohibitions in section 1(a)(ii) of E.O. 14071 shall apply to quantum computing services. As a result, the following activities are prohibited, except to the extent provided by law, or unless licensed or otherwise authorized by the Office of Foreign Assets Control:
the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of quantum computing services to any person located...
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1) This "determination" and the FAQs published concurrently therewith largely mimics OFAC's Determination Pursuant to Section 1(a)(ii) of Executive Order 14071 (Effective May 8, 2022) ("accounting, trust and corporate formation, and management consulting" services). 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 Determination and related FAQs and guidance.
2) As with the May 8 determination, there is the service prohibition issued pursuant to 14071, along with a parallel designation authority (Determination Pursuant to Section 1(a)(ii) of Executive Order 14071 (Effective September 15, 2022)).
3) The FAQs interpreting this prohibition are, as of 9/18/22, as follows: FAQ # 1059, FAQ # 1061, FAQ # 1062, FAQ # 1083, and FAQ # 1084....