Analyzing critical legal trends and developments across data, cyber, AI and digital regulations from around the world and beyond borders

On June 22, 2026, President Trump signed Executive Order 14411, on Ushering in the Next Frontier of Quantum Innovation (the “EO”). The EO establishes a national policy to maintain a strategic technical advantage in quantum information science and technology (QIST) and leads the development of a robust and trusted quantum ecosystem across QIST research, manufacturing, commercialization, and application. Accordingly the focus of much of the EO is directed at accelerating domestic commercialization and research. Additionally, several EO provisions address export control, foreign investment, and research security measures aimed at maintaining US dominance in QIST fields. The EO directs a multi-agency effort to protect quantum technologies and to align US controls with those of allied governments, signaling potential regulatory changes for the QIST sector and its supply chain over the coming months.

Harmonizing Export Controls and Investment Restrictions with Allies

The EO’s international engagement provisions foreshadow potential changes to export controls and outbound/inbound investment screening, directing the Secretary of State and the Secretary of Commerce (in coordination with other relevant agencies) to:

  • Ensure that US quantum and quantum-enabling technology companies have access to strategic markets and capital for US quantum and quantum-enabling technology companies;
  • Maintain access to trusted supply chains, through, for example, harmonizing investment restrictions with international allies and partners;
  • Prevent countries of concern from acquiring critical quantum-enabling technologies by harmonizing research security and export control policies with international allies and partners; and
  • Promote and enhance research and development collaboration and the flow of people and ideas across like-minded countries in support of the interests of the United States quantum industry.

The EO orders the Secretary of State to align treaty frameworks (such as Pax Silica) with the EO’s stated priorities within 120 days of the EO. Additionally, the Secretary of Commerce is to provide recommendations to address foreign trade barriers, discriminatory treatment, and other policies impairing the competitiveness of American QIST companies.

Coordinated Security Controls

The EO separately directs senior White House advisors to work with relevant agencies to coordinate security controls around QIST. The Assistant to the President for Science and Technology and the Assistant to the President for National Security Affairs, in consultation with relevant federal agencies, are to ensure that QIST activities and policies maintain robust and balanced security controls to safeguard critical information and protect national security interests, without unduly impacting quantum innovation in the United States.

Securing Against Advanced Cryptographic Attacks

Concurrently with the EO, the Administration also issued Executive Order 14409 on Securing the Nation Against Advanced Cryptographic Attacks (the “Security EO”). The Security EO acknowledges that the emergence of large-scale quantum computers, particularly in the hands of adversaries, will pose a significant threat to widely used cryptographic security systems. To mitigate such risks, the Security EO proposes actions to migrate critical federal information systems to NIST-approved Federal Information Processing Standards (FIPS) for Post-Quantum Cryptography (PQC).

While most of the Security EO’s provisions directly impact federal agencies, some apply to private entities, especially critical infrastructure operators and government contractors. For example, the Security EO directs the Cybersecurity and Infrastructure Security Agency (CISA) to assist critical infrastructure owners and operators in developing their PQC migration plans. The Security EO also orders amendments to FAR to require covered contractors to comply with NIST’s FIPS, including all applicable FIPS incorporating PQC-compliant algorithms, by December 31, 2030. Further amendments to FAR contract clauses requiring covered contractors to implement vulnerability disclosure policies are also contemplated by the Security EO.

Looking Ahead

While the EO does not itself impose specific new export control measures, the regulated community should anticipate that new controls will follow. The EO directs agencies to take actions to prevent countries of concern from acquiring critical quantum-enabling technologies, through, for example, harmonizing research security and export control policies with international allies and partners, and to maintain an international ecosystem of quantum-enabling technology companies with access to trusted supply chains, through, for example, harmonizing investment restrictions with international allies and partners. Companies in the QIST space and its supply chain should monitor for forthcoming agency action and consider how new or expanded controls could affect their supply chains or commercial relationships.

Author

Adam Aft helps global companies navigate the complex issues regarding intellectual property, data, and technology in product counseling, technology, and M&A transactions. He leads the Firm's North America Technology Transactions group and co-leads the group globally. Adam regularly advises a range of clients on transformational activities, including the intellectual property, data and data privacy, and technology aspects of mergers and acquisitions, new product and service initiatives, and new trends driving business such as platform development, data monetization, and artificial intelligence.

Author

Sumon Dantiki is co-chair of the Firm’s National Security Practice and a member of the Litigation and Government Enforcement Practice Group, based in the Firm's Washington, DC office. Sumon is widely recognized as a leading professional on issues involving security, technology and law. Sumon held several senior positions with the US Department of Justice (DOJ), including serving as Senior Counselor to the Director of the Federal Bureau of Investigation (FBI).

Author

Alexandre (Alex) Lamy joined Baker McKenzie in 2009 and currently works in the Firm's International Trade Practice Group. He assists clients with sanctions and export controls (Export Administration Regulations (EAR); International Traffic in Arms Regulations (ITAR)) and he advises clients on corporate compliance matters.

Author

Keo McKenzie is a partner in Baker McKenzie's Intellectual Property and Technology Practice Group (IPTech), based in the Firm’s Palo Alto office. Keo has significant experience advising multinational technology, life sciences, and healthcare companies with complex matters related to regulatory and transactional issues presented by digital health technologies.

Author

Alison Stafford Powell has considerable experience counseling companies on cross-border outbound trade compliance in the areas of export controls, trade and financial sanctions, anti-terrorism controls, anti-corruption and anti-money laundering rules, US anti-boycott laws, and US foreign investment restrictions. With a background also in EU and UK trade restrictions, she helps non-US companies navigate conflicting compliance obligations and risks under US and EU trade rules. She is a dual US/English qualified lawyer and has worked in the Firm's London, Washington, DC and Palo Alto offices since 1996.

Author

Lise Test is an of counsel in the Firm’s International Trade Group in Washington, DC and practices in the area of international trade regulation and compliance — with emphasis on US export control laws (Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR)), trade sanctions, and anti-boycott laws. Ms. Test advises clients on issues relating to product classifications, licensing, regulatory interpretations, risk assessments, enforcement actions, internal investigations and compliance audits, as well as the design, implementation, and administration of compliance programs.