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Proposed Rules National Security U.S. Commerce Department

Husch Blackwell LLP

CBP Proposes Changes to the De Minimis Entry Process

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U.S. Customs and Border Protection (CBP) issued a Notice of Proposed Rulemaking on January 13, 2025, regarding an update to the rules governing de minimis shipments. The public can make comments on the proposed rule until...more

Troutman Pepper Locke

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

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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

Morrison & Foerster LLP

Commerce Rings in New Year with Proposed Rulemaking on Drones

The Department of Commerce (Commerce) Office of Information and Communications Technology and Services (OICTS) has broad authority—born out of executive action during the first Trump administration—to identify and mitigate...more

Wiley Rein LLP

DOD Issues Proposed Rule to Address Conflicts of Interest for Certain Consulting Services

Wiley Rein LLP on

Last week, the U.S. Department of Defense (DOD) published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on DOD awarding contracts with...more

Holland & Knight LLP

BIS Proposes Rule to Secure Connected Vehicle Supply Chains from Foreign Adversary Threats: Rule Will Create New Compliance...

Holland & Knight LLP on

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a Notice of Proposed Rulemaking (Proposed Rule) on Sept. 26, 2024, to address certain undue or unacceptable risks identified in Executive Order...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

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

Blank Rome LLP

BIS Proposes Prohibitions on Connected Vehicles with Links to China and Russia: Nine Observations for Companies to Consider

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The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”), on September 23, 2024, issued a notice of proposed rulemaking (“NPRM”) to curb national security and privacy risks associated with information and...more

Mayer Brown

US Department of Commerce Issues Proposal to Require Reporting Development of Advanced AI Models and Computer Clusters

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On September 9, 2024, the US Department of Commerce’s (“Commerce”) Bureau of Industry and Security (BIS) released notice of a proposed rule to create a mandatory reporting requirement for artificial intelligence (AI)...more

Holland & Knight LLP

Major Export Controls Revisions and the AUKUS Trilateral Security Partnership

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The U.S. Department of Commerce and U.S. Department of State have been continuously easing restrictions on export-controlled trade between the United States, United Kingdom and Australia to foster technological innovation...more

King & Spalding

The U.S. Departments of Commerce and State Issue Proposed Rules Expanding Controls on Military and Security-Related Services, End...

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To curtail U.S. persons from supporting the efforts of adversarial regimes, such as China and Russia, in advancing their military and intelligence capabilities, the U.S. is proposing a significant expansion of export control...more

Fenwick & West LLP

Access Control and Emerging Tech Remain Top Priorities in BIS Regulatory Agenda

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The Bureau of Industry and Security (BIS) has published its spring 2024 regulatory agenda along with the rest of the Commerce Department. Of note is the continued focus on access to emerging technology, particularly relating...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2024 - Australia and United Kingdom License Exemptions on the Way!

Canada has long enjoyed International Traffic in Arms Regulations (ITAR) license exemptions and minimal controls for items subject to the Export Administration Regulations (EAR). What about some of our other friends, such as...more

Ankura

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

Ankura on

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

Mayer Brown

Commerce Considers ICTS-related Rules to Address Connected Vehicle Risks

Mayer Brown on

On March 1, 2024, the US Department of Commerce’s (“Commerce”) Bureau of Industry and Security (“BIS”) published an Advance Notice of Proposed Rulemaking1 (the “Notice”) seeking public comments on potential regulation of the...more

Morrison & Foerster LLP

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

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

Moore & Van Allen PLLC

The AI Executive Order: What’s Happened and What’s Coming Up… 

Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more

Kelley Drye & Warren LLP

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

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

Jones Day

Commerce Publishes Proposed Rule Setting Conditions for Use of CHIPS Funding

Jones Day on

In Short - The Situation: The U.S. Department of Commerce ("Commerce") recently published a proposed rule to implement the Creating Helpful Incentives to Produce Semiconductors ("CHIPS") Act, a domestic manufacturing...more

Pillsbury Winthrop Shaw Pittman LLP

Commerce Releases New Proposed Rule Governing Restrictions on Chinese Investments by CHIPS Act Applicants

The proposed rule tightens restrictions on activities by “affiliates” and clarifies scope of statutory clawbacks. The Department of Commerce released a proposed rule imposing guardrails preventing the “improper use of...more

Fenwick & West LLP

Defense Trade Controls: State and Commerce Departments Begin 2023 with Regulatory Focus on Defense Services and Other Updates

Fenwick & West LLP on

The U.S. Department of State (State Department) and U.S. Department of Commerce (Commerce Department), have recently previewed, proposed or finalized changes to relevant trade controls. These new regulatory updates include...more

Hogan Lovells

Commerce amends its IFR on Securing the ICTS Supply Chain to address “connected software”

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On November 26, 2021, the Department of Commerce published a proposed rule to amend its Interim Final Rule on Securing the Information and Communications Technology and Services Supply Chain. The proposed rule adds a...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Proposes ICTS Changes for Connected Software Applications

Key Points - On November 26, 2021, the U.S. Department of Commerce issued a notice of proposed rulemaking related to “connected software applications” (“apps”) that aims to expressly incorporate transactions involving...more

Akin Gump Strauss Hauer & Feld LLP

BIS Announces the Elimination of License Exception CIV, Expanded Licensing Requirements on Exports to Chinese, Russian, and...

- On April 28, 2020, the Bureau of Industry and Security of the U.S. Department of Commerce announced changes to the Export Administration Regulations (EAR) through three notices published on the Federal Register. The changes...more

WilmerHale

New Commerce Department Rules Restrict US Exports to China and Other Countries

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Yesterday, the US Department of Commerce Bureau of Industry and Security (BIS) promulgated two new rules and issued a new proposed rule: ..A new final rule that will restrict previously permissible exports to China, Russia...more

Stinson - Government Contracting Matters

Securing the Information and Communications Technology Services Supply Chain – Proposed Department of Commerce Rule

The Department of Commerce (Commerce) recently issued a proposed regulation to better secure the United States’ information and communications technology and services (ICTS) supply chain. The ICTS supply chain supports how...more

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