December 6, 2005

 

The President of the United States of America

The White House

Washington, D.C. 20500

 

Dear Mr. President,

 

On March 17, 2004, former Secretary of Commerce Donald Evans proposed that the President’s Export Council (PEC) address export issues relating to nanotechnology and the nanotechnology industry.  In response, I requested that the PEC’s Subcommittee on Export Administration (PECSEA) integrate discussion of these issues into its agenda.  Over the past year, the PECSEA has been working diligently to identify a set of general principles to assist the U.S. Government in developing a framework for evaluating the extension of export controls to nanotechnology.

 

            Nanotechnology — the ability to manipulate matter intentionally and precisely at the atomic and molecular levels in structures of roughly 1 to 100 nanometers where unique phenomena enable the creation of fundamentally new materials, devices and products, and enable revolutionary advances in existing materials, devices and products — encompasses an enabling set of capabilities with the potential to affect virtually all U.S. industries.  Nanotechnology is expected to revolutionize many sectors of the U.S. economy, including energy, information technology, manufacturing, medicine and health care, structural materials, and metrology.  Nanotechnology is also rapidly becoming a key element in developing items of importance to U.S. national security, such as propellants, stealth materials, and strong lightweight materials suitable for body armor or rockets.

 

We recognize that many nanotechnology applications are likely to be dual-use in nature and therefore potentially subject to existing U.S. export controls.  We also recognize that nanotechnology will allow for the development of sensitive new products that currently may not be controlled for export from the United States.  Moreover, we understand that the U.S. Government must be able to identify and control the transfer of new nanotechnology processes and “know how” to foreign nationals, both at home and abroad, who may seek to use this information to the detriment of U.S. interests.

 

Due to the many diverse and discrete areas of scientific knowledge, technology and applications that embody nanotechnology, the process for reviewing nanotechnology in relation to export controls will require a robust and evolving framework for independently evaluating each area.  Accordingly, the PEC proposes the following set of criteria that at this stage would promote a rational approach to evaluating potential nanotechnology export controls:

 

1.      Controlled nanotechnology items must have clear military significance or potential for sensitive end use. 

 

It is impracticable to establish an export policy on nanotechnology per se.  Controls should be restricted to those items that have clear military or national security applications.  Moreover, U.S. controls on products incorporating nanotechnology generally should not exceed U.S. controls on products with the same functionality that do not incorporate nanotechnology. 

 

2.      Nanotechnology export controls must be multilateral in order to be effective. 

 

Nanotechnology is an international phenomenon.  TThe continuous development of nanotechnology worldwide — and the likelihood that important discoveries and innovations will be made and brought to market in other nations — means that the U.S. Government must work with other countries in order to achieve effective nanotechnology-related export controls.  The United States should refrain from imposing unilateral controls on this technology and should take the lead in establishing the framework for consideration of export controls and for developing internationally agreed-upon export controls.

 

3.      Controls on nanotechnology must not place an unreasonable burden on the U.S. economy.

 

Nanotechnology has the potential to deliver extraordinary economic contributions to the U.S. economy and society.  Export controls must not place restrictions on the U.S. R&D and academic communities that adversely affects our ability to develop leading-edge commercial applications of nanotechnology and attract and retain the best minds from abroad, or that prevents U.S. industry from fully participating in the international marketplace.

 

Nanotechnology presents a highly complex and challenging policy environment that will require the careful and devoted attention of U.S. policymakers to ensure appropriate policies are adopted to responsibly advance its development and to ensure existing policies do not present unnecessary barriers to the realization of its potential.

 

We recommend that the U.S. Government conduct the research and analysis necessary to establish an approach to export controls that maximizes nanotechnology’s contribution to U.S. competitiveness, economic growth, and job creation, while ensuring our national security and homeland defense.  In particular, we recommend that the U.S. Government establish and maintain knowledge on the competitive state of nanotechnology research, development, and applications in countries around the world.

 

We urge that the Administration consider these criteria when determining the U.S. Government’s approach to evaluating the extension of export controls to nanotechnology.

 

                                                                        Sincerely,

 

 

 

                                                            J.W. Marriott, Jr.

                                                                        Chairman