katero
Jul 01, 2026

U.S. Export Control Unpredictability Is Testing the Limits of U.S.-India Tech Cooperation

U.S. Secretary of State Marco Rubio signed several ambitious agreements for increased defense cooperation with India during a recent visit to New Delhi. In response to increased Chinese submarine patrols in the region, for example, Rubio and Indian External Affairs Minister Subrahmanyam Jaishankar signed a comprehensive Underwater Domain Awareness roadmap and expanded current initiatives to monitor real-time activity in the Indo-Pacific with their two partners in the “Quad,” Japan and Australia. In a joint press conference, Rubio suggested the United States and India have “a tremendous strategic alliance” and noted the intention to move from simply a defense producer-buyer relationship to one of co-development of advanced military technology, something India has been seeking for decades.

While the diplomatic rhetoric may increasingly project a partnership of equals, the regulatory environment tells a different story. Washington’s shift from a rules-based export licensing regime to ad hoc horse-trading in a burdened Commerce Department pushes India’s defense tech ecosystem toward architectural choices that will make these agreements more difficult to implement.

Current Cooperation Promises

The Biden administration and both Trump administrations have courted India as a critical partner for a wide range of digital and defense cooperation efforts. Despite crushing 50 percent tariffs that have strained the relationship over the past year, Rubio asserted in the press conference with Jaishankar that India was one of the “most important strategic partners” in the world.

In 2023, the landmark U.S.-India Initiative on Critical and Emerging Technology (iCET) solidified the beginning of multi-billion-dollar joint projects on AI and cyber defense, including India’s deal for acquisition and domestic assembly of drones from American defense manufacturer General Atomics. Similarly, the TRUST Initiative and INDUS-X defense projects prioritize increased bilateral cooperation on critical and emerging technologies in several domains, including cooperation on sensitive artificial intelligence. These agreements and others are multi-administration commitments to solidify the relationship with India as an ally in everything but name, with faster and deeper access to the U.S. defense ecosystem.

Under President Barack Obama, the United States designated India in 2016 with the bespoke moniker of “Major Defense Partner,” elevating its trade authorization two years later to receive “license-free access to a wide range of military and dual-use technologies regulated by the Department of Commerce.” But the partner designation is a technology transfer grey area, as defense partnerships are more flexible and transactional than agreements with formal allies. Note the hedging language in the White House announcement: “The United States will continue to work toward facilitating technology sharing with India to a level commensurate with that of its closest allies and partners.” (emphasis added) Relationships with traditional allies like those in the AUKUS agreement — Australia and the U.K. — come with a higher level of trust, which means that the export controls licensing process generally works quicker and with higher access than it does for lower-level partners. India’s partnership is something in between, which limits access and slows the processing of export licenses.

One of the highlights of Rubio’s recent visit to New Delhi focused on increased maritime surveillance cooperation within the Quad, which establishes a mechanism for joint efforts on real-time submarine tracking in the Indo-Pacific. These defense technologies require high levels of real-time intelligence sharing, radar technology, and intelligence, surveillance, and reconnaissance (ISR) collaboration.

Regulatory Mixed Signals

Under the Biden administration’s AI Diffusion Rule, there was a tiered approach to access to frontier semiconductors and compute required for any sustained high-level AI research. Despite the strong bilateral relationship, India was placed on a restricted access tier, signaling the limits of U.S. trust with sensitive technologies due to national security concerns of American technology falling into the hands of adversaries.

Under the Trump administration, the Diffusion Rule was discarded without a replacement strategy. Instead, an ad-hoc review of each license took its place. The Commerce Department’s Bureau of Industry and Security has been hemorrhaging staff responsible for reviewing these licenses, losing 20 percent of their employees in the past year. The licensing regime is also largely controlled personally by the Under Secretary of Commerce for Industry and Security Jeffrey Kessler, with no published criteria. This has compounded bottlenecks and caused significant delays, eliciting complaints from semiconductor industry associations that have seen approvals that used to take weeks now being processed for months.

Other posts