Understanding how artificial intelligence became a national security technology
Artificial intelligence is often discussed as a software innovation or business efficiency tool. But from a regulatory perspective, AI is increasingly treated as a strategic technology with national security implications.
That is why AI is becoming subject to export controls under frameworks like the Export Administration Regulations (EAR) and, in certain cases, the International Traffic in Arms Regulations (ITAR).
For companies developing AI-enabled software, autonomous systems, semiconductor tools, space technologies, or advanced analytics platforms, understanding this shift is essential.
AI is no longer just a commercial technology. It is a dual-use capability, and export controls reflect that reality.
AI is considered a dual-use technology
Export controls often apply to dual-use technologies, meaning technologies with both civilian and military applications. Artificial intelligence clearly fits into this category.
AI can be used for:
- Autonomous defense systems
- Intelligence analysis and surveillance
- Cybersecurity and cryptography
- Targeting and logistics optimization
- Satellite operations and space systems
- Semiconductor design and manufacturing
Because these applications can directly affect national security, regulators increasingly treat AI as a strategic capability rather than a purely commercial tool.
This classification is the foundation for AI export controls.
The role of the Export Control Reform Act (ECRA)
AI export controls are not emerging randomly. They stem from statutory direction under the Export Control Reform Act of 2018 (ECRA).
Section 1758 of ECRA requires the U.S. government to identify and control:
- Emerging technologies
- Foundational technologies
that are essential to national security.
Artificial intelligence is consistently identified as one of those technologies.
This mandate has led to:
- Expanded controls on advanced computing
- Restrictions on AI-related semiconductor exports
- Increased scrutiny of software and technical data transfers
- Ongoing rulemaking related to emerging technologies
The regulatory trajectory is clear: AI will continue to face expanding export controls.
Advanced computing and semiconductor controls
One of the most visible examples of AI-related export controls involves advanced semiconductor and computing technologies.
The U.S. government has already implemented restrictions on:
- High-performance AI chips
- Advanced GPU exports
- Semiconductor manufacturing equipment
- Chip design software tools
- High-performance computing systems
These controls are designed to limit the ability of strategic competitors to develop advanced AI capabilities.
Even companies that do not consider themselves “AI companies” may be affected if they:
- Develop software requiring advanced computing
- Integrate AI chips into products
- Use controlled semiconductor technologies
- Provide AI-enabled analytics platforms
Export controls often apply to the infrastructure that enables AI, not just the algorithms themselves.
AI software and technical data can be controlled exports
Another reason AI falls under export controls is that software and technical data transfers can qualify as exports, even when no physical goods are shipped.
Examples include:
- Sharing AI source code with foreign nationals
- Allowing foreign developers access to controlled repositories
- Providing AI-enabled software to overseas users
- Hosting AI systems on cloud platforms accessed internationally
- Collaborating on AI model development across borders
These activities may trigger EAR licensing requirements or deemed export rules, depending on the technology and the individuals involved.
For companies developing AI, export compliance increasingly intersects with:
- Cloud infrastructure
- software collaboration tools
- engineering workflows
- data governance
- workforce composition
National security and strategic competition
AI export controls are also driven by geopolitical realities.
Artificial intelligence is widely viewed as a strategic technology that will shape future economic and military leadership.
Governments are concerned about:
- Military AI capability development
- intelligence automation
- cyber operations
- autonomous systems
- advanced manufacturing competitiveness
- surveillance technologies
Export controls are one of the primary tools governments use to manage the global distribution of these capabilities.
This means AI export controls are likely to evolve alongside:
- geopolitical tensions
- semiconductor policy
- defense modernization
- space technology competition
Companies should expect continued regulatory attention in this area.
When AI may fall under ITAR
Most AI technologies fall under the EAR, but some applications can trigger ITAR jurisdiction, particularly when AI is integrated into defense systems.
Examples may include:
- AI-enabled targeting systems
- autonomous defense platforms
- military robotics
- missile guidance software
- defense satellite operations
- ISR systems using AI analytics
In these cases, AI is not controlled because it is AI. It is controlled because it is part of a defense article or defense service.
Understanding this distinction is critical for companies operating in defense, aerospace, or space technology sectors.
What AI companies often underestimate
Companies developing AI frequently underestimate export control risk in several areas:
- Training data sources
- foreign developer access
- cloud deployment models
- model-sharing practices
- software collaboration tools
- integration with controlled hardware
- open-source assumptions
AI development environments often move faster than compliance processes, which increases the likelihood of unintentional export violations.
Early compliance integration is significantly easier than retroactive correction.
Preparing for AI export controls
Companies working with AI should take proactive steps to reduce export compliance risk:
- Classify AI-related software and technologies
- Review semiconductor and computing dependencies
- Assess foreign national access to development environments
- Update Technology Control Plans
- Implement access controls for repositories and datasets
- Train engineering teams on deemed export risk
- Monitor BIS rulemaking on emerging technologies
AI compliance is not about slowing innovation. It is about protecting innovation while remaining compliant.
Final perspective
Artificial intelligence is subject to export controls because it is no longer just a software capability. It is a strategic, dual-use technology with national security implications.
Export controls are evolving to reflect that reality.
Companies that understand this shift early will be better positioned to innovate globally without regulatory disruption.
At Maribod Global, we help companies working in AI, defense, space, and advanced technology build export compliance programs that keep pace with innovation.
Because in today’s regulatory environment, understanding why AI is controlled is just as important as knowing how to comply.
Does your company need help understanding AI and Export Controls? Contact Maribod Global today!
