The U.S. Government Publishes An Updated List of Critical and Emerging Technologies (CETs): Impact on CFIUS and Export Controls?
Insights 
T. James Min II · March 5, 2024
In February 2024, the U.S. National Science and Technology Council (“NSTC”) and its Fast Track Action Subcommittee on Critical Emerging Technologies updated the previous 2022 Critical and Emerging Technologies (CETs) List. The first update in two years is instructive in identifying the CETs that the U.S. Government is focused on for national security concerns.
The NSTC established the Fast Track Action Subcommittee in 2020 to identify critical and emerging technologies to inform national security-related activities across the U.S. Government. This updated list expands upon the original CET list and the February 2022 update by identifying subfields for each CET.
The updated list identifies 18 CET areas listed below. Though not a strategy document, this updated CET list informs government-wide and agency-specific efforts concerning U.S. technological competitiveness and national security. While the list does not have direct regulatory impact on the Committee on Foreign Investment in the United States (CFIUS) or the Export Administration Regulations (“EAR”), the list is still instructive in what areas of technology CFIUS or BIS may focus on in the future or in current enforcement efforts. For example, we may see more activity by CFIUS in terms of non-notification investigations in these CET areas. We may also see more placement of certain technologies on the below list in future updates to the Commerce Control List.
Regardless, as one contemplates receiving foreign investments in U.S. businesses, the list may serve as a useful reference. The updated 2024 CET List includes these 18 areas:
- Advanced Computing
- Advanced Engineering Materials
- Advanced Gas Turbine Engine Technologies
- Advanced and Networked Sensing and Signature Management
- Advanced Manufacturing
- Artificial Intelligence
- Biotechnologies
- Clean Energy Generation and Storage
- Data Privacy, Data Security, and Cybersecurity Technologies
- Directed Energy
- Highly Automated, Autonomous, and Uncrewed Systems (UxS), and Robotics
- Human-Machine Interfaces
- Hypersonics
- Integrated Communication and Networking Technologies
- Positioning, Navigation, and Timing (PNT) Technologies
- Quantum Information and Enabling Technologies
- Semiconductors and Microelectronics
- Space Technologies and Systems
To generate this updated CET list, it was stated that the Office of Science and Technology Policy (OSTP) facilitated an extensive interagency deliberative process through the National Science and Technology Council (NSTC) and in coordination with the National Security Council (NSC). The responsible NSTC subcommittee included subject matter experts from 18 departments, agencies, and offices in the Executive Office of the President, who identified CET subfields that their organizations determined may be critical to U.S. national security. As such, this updated CET list reflects an interagency consensus.
Each identified CET area includes a set of key subfields that describe its scope in more detail:
- Advanced supercomputing, including for AI applications
- Edge computing and devices
- Advanced cloud services
- High-performance data storage and data centers
- Advanced computing architectures
- Advanced modeling and simulation
- Data processing and analysis techniques
- Spatial computing
- Materials by design and material genomics
- Materials with novel properties to include substantial improvements to existing properties
- Novel and emerging techniques for material property characterization and lifecycle assessment
- Aerospace, maritime, and industrial development and production technologies
- Full-authority digital engine control, hot-section manufacturing, and associated technologies
- Payloads, sensors, and instruments
- Sensor processing and data fusion
- Adaptive optics
- Remote sensing of the Earth
- Geophysical sensing
- Signature management
- Detection and characterization of pathogens and of chemical, biological, radiological and nuclear weapons and materials
- Transportation-sector sensing
- Security-sector sensing
- Health-sector sensing
- Energy-sector sensing
- Manufacturing-sector sensing
- Building-sector sensing
- Environmental-sector sensing
- Advanced additive manufacturing
- Advanced manufacturing technologies and techniques including those supporting clean, sustainable, and smart manufacturing, nanomanufacturing, lightweight metal manufacturing, and product and material recovery
- Machine learning
- Deep learning
- Reinforcement learning
- Sensory perception and recognition
- AI assurance and assessment techniques
- Foundation models
- Generative AI systems, multimodal and large language models
- Synthetic data approaches for training, tuning, and testing
- Planning, reasoning, and decision making
- Technologies for improving AI safety, trust, security, and responsible use
- Novel synthetic biology including nucleic acid, genome, epigenome, and protein synthesis and engineering, including design tools
- Multi-omics and other biometrology, bioinformatics, computational biology, predictive modeling, and analytical tools for functional phenotypes
- Engineering of sub-cellular, multicellular, and multi-scale systems
- Cell-free systems and technologies
- Engineering of viral and viral delivery systems
- Biotic/abiotic interfaces
- Biomanufacturing and bioprocessing technologies
- Renewable generation
- Renewable and sustainable chemistries, fuels, and feedstocks
- Nuclear energy systems
- Fusion energy
- Energy storage
- Electric and hybrid engines
- Batteries
- Grid integration technologies
- Energy-efficiency technologies
- Carbon management technologies
- Distributed ledger technologies
- Digital assets
- Digital payment technologies
- Digital identity technologies, biometrics, and associated infrastructure
- Communications and network security
- Privacy-enhancing technologies
- Technologies for data fusion and improving data interoperability, privacy, and security
- Distributed confidential computing
- Computing supply chain security
- Security and privacy technologies in augmented reality/virtual reality
- Lasers
- High-power microwaves
- Particle beams
- Surface
- Air
- Maritime
- Space
- Supporting digital infrastructure, including High Definition (HD) maps
- Autonomous command and control
- Augmented reality
- Virtual reality
- Human-machine teaming
- Neurotechnologies
- Propulsion
- Aerodynamics and control
- Materials, structures, and manufacturing
- Detection, tracking, characterization, and defense
- Testing
- Radio-frequency (RF) and mixed-signal circuits, antennas, filters, and components
- Spectrum management and sensing technologies
- Future generation wireless networks
- Optical links and fiber technologies
- Terrestrial/undersea cables
- Satellite-based and stratospheric communications
- Delay-tolerant networking
- Mesh networks/infrastructure independent communication technologies
- Software-defined networking and radios
- Modern data exchange techniques
- Adaptive network controls
- Resilient and adaptive waveforms
- Diversified PNT-enabling technologies for users and systems in airborne, space-based, terrestrial, subterranean, and underwater settings
- Interference, jamming, and spoofing detection technologies, algorithms, analytics, and networked monitoring systems
- Disruption/denial-resisting and hardening technologies
- Quantum computing
- Materials, isotopes, and fabrication techniques for quantum devices
- Quantum sensing
- Quantum communications and networking
- Supporting systems
- Design and electronic design automation tools
- Manufacturing process technologies and manufacturing equipment
- Beyond complementary metal-oxide-semiconductor (CMOS) technology
- Heterogeneous integration and advanced packaging
- Specialized/tailored hardware components for artificial intelligence, natural and hostile radiation environments, RF and optical components, high-power devices, and other critical applications
- Novel materials for advanced microelectronics
- Microelectromechanical systems (MEMS) and Nanoelectromechanical systems (NEMS)
- Novel architectures for non-Von Neumann computing
- In-space servicing, assembly, and manufacturing as well as enabling technologies
- Technology enablers for cost-effective on-demand, and reusable space launch systems
- Technologies that enable access to and use of cislunar space and/or novel orbits
- Sensors and data analysis tools for space-based observations
- Space propulsion
- Advanced space vehicle power generation
- Novel space vehicle thermal management
- Crewed spaceflight enablers
- Resilient and path-diverse space communication systems, networks, and ground stations
- Space launch, range, and safety technologies
The sensitivities of foreign investment in the U.S. technology and other sectors do not appear to be dissipating. It will be important for investors, businesses, and legal counsels to continue to be diligent in considering national security concerns in their transactions that deal with critical and emerging technologies.
This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.
James Min is a partner with Rimon, P.C., in the Washington DC office where he specializes in economic sanctions, export controls, CFIUS, customs and other trade and investment related matters. James advises foreign investors, investment funds, and U.S. businesses on CFIUS requirements and has successfully defended clients in CFIUS non-notification investigations. James has advised on many CFIUS matters for technology companies or investors including those in AI, machine learning, semiconductors, biopharma, logistics, green energy, and cryptocurrency related software sectors. Earlier in his career, James served as a trade attorney with the U.S. Department of Commerce, Treasury and Homeland Security. Read more here.
