Fair Trade with China Enforcement Act, Sec. 102 ("Prohibition on export to People's Republic of China of national security sensitive technology and intellectual property")

• Authority: United States Congress
• Parent authority: Federal government
• Jurisdiction: United States
• Collections: U.S. federal laws
• Most recent activity: Defunct
• Most recent activity date: 2025-01-03

Risk subdomain coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

• Cyberattacks, weapon development or use
• Competitive dynamics
• AI possessing dangerous capabilities

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of risk domains, with primary focus on competitive dynamics (6.4) and national security aspects related to malicious actors (4.2). The document addresses export controls and technology transfer restrictions rather than direct AI risk mitigation.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

• Information
• Scientific Research & Development Services
• National Security

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

• Agriculture, Mining, Construction & Manufacturing
• Trade, Transportation & Utilities
• Professional & Technical Services
• Health Care & Social Assistance

All other sectors had no coverage in this document.

Sectors Summary

This export control legislation governs multiple sectors broadly, with particular emphasis on Information (AI, computing, internet services), Scientific Research and Development Services (technology development), Professional and Technical Services (technology services), and Manufacturing (production components). The broad definition of covered technology means it applies across any sector developing or exporting AI-related goods or services.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act from the United States Congress with mandatory prohibitions enforced by the Secretary of Commerce, using mandatory language ('shall prohibit') and establishing legally enforceable export controls.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: United States Congress
• Summary: The document is titled as an Act of Congress and references legislative authority, indicating Congress as the proposing body.

Target

• Entity Types: AI_Developer, AI_Infrastructure_Provider, AI_Deployer
• Entities: Any person subject to the jurisdiction of the United States exporting national security sensitive technology or intellectual property to the People's Republic of China
• Summary: The Act applies to any person or entity under U.S. jurisdiction that exports covered technology or intellectual property, which would include AI developers, infrastructure providers, and deployers of AI-related goods and services.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: Secretary of Commerce; United States Trade Representative (consultation role)
• Summary: The Secretary of Commerce is explicitly designated as the enforcement authority with power to prohibit exports. The U.S. Trade Representative has a consultative role in determining covered products.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: Secretary of Commerce; United States Trade Representative
• Summary: The Secretary of Commerce would monitor compliance with export prohibitions, and the U.S. Trade Representative maintains the list of critical production components that triggers coverage.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

• Build and Use Model
• Deploy

AI Lifecycle Summary

The document does not focus on specific AI lifecycle stages but rather on export controls that would apply across multiple stages. It primarily affects the Deploy stage by restricting where AI technology can be exported and used, and implicitly affects Build and Use Model stage by restricting transfer of AI development capabilities.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

No technical scope terms identified.

Technical Scope Summary

The document explicitly mentions artificial intelligence as part of covered technology but does not define AI models, AI systems, or distinguish between different types of AI. It uses broad terminology covering AI-related goods and services without technical specificity regarding model types, capabilities, or compute thresholds.