News & Analysis as of May 6, 2025

Bureau of Industry and Security (BIS)

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

New Export Control Rule Regulates Global Diffusion of Artificial Intelligence

Jones Day on 2/6/2025

The U.S. Commerce Department's Bureau of Industry and Security ("BIS") issued a rule establishing a framework to prevent U.S. adversaries from accessing the most advanced artificial intelligence ("AI") systems while...more

New BIS rule on connected cars: Prohibitions on technology from Russia and China

Eversheds Sutherland (US) LLP on 1/29/2025

On January 16, 2025, the US Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule prohibiting the sale or import into the United States of passenger vehicles containing certain hardware or...more

BIS seeks public comment on potential rule restricting the import and use of unmanned aircraft systems involving China, Russia and...

Hogan Lovells on 1/23/2025

On January 3, 2025 the U.S. Department of Commerce’s Bureau of Industry and Security released an advanced notice of proposed rule-making seeking public input on the definition of “unmanned aircraft systems” and their...more

Out with a Bang: President Biden Ends Final Week in Office with Three AI Actions — AI: The Washington Report

Mintz - Antitrust Viewpoints on 1/20/2025

President Biden’s final week in office included three AI actions — a new rule on chip and AI model export controls, an executive order on AI infrastructure and data centers, and an executive order on cybersecurity. On...more

BIS Finalizes Rule Prohibiting Connected Vehicle Imports Linked to China and Russia: Key Compliance Requirements Announced

Foley & Lardner LLP on 1/16/2025

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has promulgated a Final Rule prohibiting the import and sale of connected vehicles and related components linked to the People’s Republic of China (PRC)...more

DOJ/CISA finalize new rules regarding data transfers to countries of concern

A&O Shearman on 1/15/2025

On December 27, 2024, the U.S. Department of Justice (DOJ) announced its final rule on the transfer of certain bulk sensitive personal data to China, Russia, and other countries. Following this, on January 3, 2025, the U.S....more

Drone Alert! BIS Seeks Comments From Industry on How to Secure the Unmanned Aircraft Systems Supply Chain

Troutman Pepper Locke on 1/10/2025

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM) on January 3, 2025, seeking public input to inform the potential development of a rule to secure...more

Most AI National Security Regs Likely To Remain in Place Under the Next Administration

Skadden, Arps, Slate, Meagher & Flom LLP on 11/22/2024

With the rapid commercialization of artificial intelligence (AI) technology, the Biden administration has been grappling with its implications, including its potential impact on national security. Several departments have...more

New Data Center Validated End User Program Creates Pathway to Export Advanced U.S. Technology; Rigorous Review and Vetting...

King & Spalding on 10/16/2024

Effective October 2, 2024, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), amended the Export Administration Regulations (EAR), 15 C.F.R. Parts 730 – 774, to expand the Validated End User (VEU)...more

US AI Industry Reporting for Duty: BIS Rule Would Require Quarterly Filings for ‘Dual-Use’ AI Models and Computing Clusters

Skadden, Arps, Slate, Meagher & Flom LLP on 10/8/2024

On September 11, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published a proposed rule that would require U.S. persons to report certain activities related to the development or acquisition of...more

Commerce Department: Final Determination of Russia-Backed Cybersecurity, Antivirus Software

Holland & Knight LLP on 7/1/2024

The U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS) within the Bureau of Industry and Security (BIS) issued a Final Determination on June 20, 2024, pursuant to Executive...more

US Congress Extends Statute of Limitations for Sanctions and Export Controls

Mayer Brown on 4/30/2024

On April 24, 2024, President Biden signed into law H.R. 815, the National Security Supplemental (the “Act”). While much of the focus centered on the foreign aid package for Israel, Ukraine, and the Indo-Pacific, the bill...more

Key Export Control Developments During the First Quarter of 2024

BakerHostetler on 4/18/2024

The first quarter of 2024 saw numerous developments on the export control front. This report summarizes the key developments and provides links to the relevant Federal Register notices and/or agency announcements....more

U.S. Department of Commerce Issues Proposed Rule Impacting AI and U.S. IaaS Providers to Counter Foreign Malicious Actors

Ankura on 3/29/2024

On January 29, 2024, the Bureau of Industry and Security (BIS) at the U.S. Department of Commerce issued a new proposed regulatory rule (the “Proposed Rule”), which will impose significant diligence, monitoring, and reporting...more

Biden Administration Initiates Inquiry Targeting "Connected Vehicles," with Chinese Electric Vehicles and Supply Chain As Clear...

King & Spalding on 3/7/2024

The Biden Administration announced on February 29, 2024, that it is commencing an inquiry into whether the involvement of “foreign adversaries” in the information and communications technology and services (“ICTS”) supply...more

Commerce Department Seeks Comment on Restrictions on ‘Connected Vehicle’ Components From ‘Foreign Adversaries’

Skadden, Arps, Slate, Meagher & Flom LLP on 3/5/2024

The U.S. Department of Commerce is soliciting comment on possible restrictions on “connected vehicle” components obtained from “foreign adversaries.” On March 1, 2024, the department’s Bureau of Industry and Security (BIS)...more

Department of Commerce Seeks Comment on Proposed CIP Requirement and Foreign Access Restrictions for US Infrastructure as a...

Mayer Brown on 2/15/2024

On January 29, 2024, the US Department of Commerce’s Bureau of Industry and Security (the “Department”) issued a notice of proposed rulemaking seeking comment on a proposed regulation in response to the Executive Order (E.O.)...more

BIS Proposes Rule to Address Challenges of Artificial Intelligence and Malicious Cyber-Enabled Activities

Morrison & Foerster LLP on 2/14/2024

On January 29, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a proposed rule to prevent foreign actors from using U.S. cloud computing services for malicious cyber activities. The proposal...more

BIS Proposes KYC and Other Cybersecurity Requirements on Cloud Services and AI Training

Kelley Drye & Warren LLP on 2/5/2024

On January 29, 2024, the Commerce Department’s Bureau of Industry and Security (BIS) published a notice of proposed rulemaking (NPRM) introducing a Customer Identification Program (CIP) and other requirements applicable to...more

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - NOVEMBER 7, 2023

Lowenstein Sandler LLP on 11/8/2023

1. BIS Releases Texts of New Chip Export Control Rules- Updating and expanding on rules issued last year, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released three rules on October 27 targeting...more

US Tightens AI Chip Exports to China: New Regulations on Semiconductor and Advanced Computing Supply Chain

Perkins Coie on 11/1/2023

The Biden administration recently unveiled a series of export controls targeting the transfer of advanced computing and semiconductor manufacturing items to the People’s Republic of China (PRC). These strategic measures are...more

[Event] 5th Conference on U.S.-China Trade Controls - October 12th - 13th, Washington, DC

American Conference Institute (ACI) on 9/20/2023

As the only comprehensive, practical event of its kind in the Unites States, ACI is hosting the highly anticipated 5th Annual U.S.-China Trade Controls Conference, scheduled for October 12–13 in Washington, DC. Considering...more

Biden Administration Releases Unprecedented CFIUS Executive Order and Expected to Impose Export Controls Around Semiconductors:...

Fenwick & West LLP on 9/22/2022

CFIUS Executive Order Highlights Current Concerns Over Wide Range of Foreign Investments - On September 15, 2022, President Biden issued an Executive Order (“EO”) on the interagency Committee on Foreign Investment in the...more

BIS Delays Implementation of New Cybersecurity Items Interim Final Rule

Husch Blackwell LLP on 1/21/2022

In an October 21, 2021 interim final rule (“IFR”), the Bureau of Industry and Security (“BIS”) published long-awaited “cybersecurity items” controls in Categories 4 (Computers) and 5, Pt. 1 (Telecommunications) of the...more

Trade Matters - November 2021

Lowenstein Sandler LLP on 11/3/2021

1. New Cybersecurity Export Controls From BIS Go Into Effect in January - The Bureau of Industry and Security (BIS) has released an interim final rule establishing new export controls on certain cybersecurity items and...more

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