Following the launch of the American AI Exports Program late last year, the U.S. Department of Commerce is now inviting industry-led ‘pre-set’ consortia — standing teams of AI companies — to submit proposals for their full-stack American AI export packages (hardware, software, models, applications, and standards) to be accepted under this program. Full-stack export-packages designated under the American AI Exports Program will be made available by the U.S. government as part of its catalog of approved export packages made available to public and private buyers in foreign markets.
Pre-set consortia can contain any number of members, and must include an “anchor member” who will be the lead entity for the consortium and submit the proposal. Entities can be members of more than one consortium. Foreign entities may also participate provided that they are not located in, or owned or controlled by persons/entities from, a country of concern (currently China, including Macau and Hong Kong).
Consortia must be able to deliver a complete full-stack AI package, which includes the following five layers:
- AI-optimized hardware and related infrastructure (e.g., chips, servers)
- Data pipelines and labeling systems
- AI models and systems
- Security and cybersecurity measures
- AI applications for sector-specific or functional use cases (e.g., education, healthcare)
Proposals will be designated based on a national interest determination by the Secretary of Commerce, in consultation with the Secretaries of State, War, and Energy, and the Director of the Office of Science and Technology Policy. This determination includes a U.S. content component, which is presumed to be met when the aggregate value of the hardware layer is at least 51 percent U.S.-origin content.
Each proposal must specify at least one target country or regional bloc for which its package is intended, identify relevant foreign competition in those target markets, and explain why the proposed offering would advance U.S. national interests in those markets. Proposals targeting markets with clear demand where U.S. involvement can influence procurement decisions between American and foreign technology from a country of concern will generally present a stronger national interest case.
Designation decisions will be made based on the following:
- Compliance with Program requirements;
- Potential to advance the policy goals of E.O. 14320;
- National security posture, including export control, end use, cybersecurity, and other risk mitigation considerations;
- Cybersecurity architecture and standards alignment.
Export packages designated under the American AI Exports Program may receive priority government-to-government engagement, such as introductions to foreign counterparts; presentations of Program activities and events; priority export-control engagement, including a prioritized license review process; and priority routing for Federal financing referrals.
Proposals will be accepted until June 30, 2026, and should be submitted electronically through the American AI exports website, AIexports.gov. Commerce will consider proposals on a rolling basis.
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Cassidy Levy Kent’s attorneys, compliance professionals, economists, and licensed customs brokers assist clients in navigating export controls and sanctions issues. We expect further developments in this space and will continue to provide updates. Please contact us with any questions.