News & Analysis as of

U.S. Commerce Department National Security

Hogan Lovells

BIS announces rescission of Biden-Era AI Diffusion Rule and issues new AI policy and guidance

Hogan Lovells on

At the same time that it potentially reduced licensing requirements on advanced computing items to a smaller group of countries by notifying industry that it started the process to rescind the AI Diffusion Rule, the U.S....more

Sheppard Mullin Richter & Hampton LLP

Throwing Away the Toaster: Where AI Controls Are Now and May be Heading

Anyhow, on a possibly related note, on May 14, 2025, BIS announced that it will rescind the AI Diffusion Rule and that, until the time of the official recission, would not enforce the Biden-era regulation. Stop-Gap Stopped -...more

WilmerHale

US Export Controls on “AI Diffusion” Officially Paused, but New Guidance Elevates Risk for AI-Related Exports

WilmerHale on

On May 13, 2025, the Department of Commerce formally signaled its intention to rescind the Biden Administration’s Framework for Artificial Intelligence Diffusion (AI Diffusion Rule) two days before the January 2025 Interim...more

Polsinelli

U.S. Launches National Security Investigation Into Aircraft and Jet Engine Imports

Polsinelli on

On May 1, 2025, the Secretary of Commerce initiated a new investigation under Section 232 of the Trade Expansion Act of 1962 (Section 232) on imports of commercial aircraft and jet engines, and parts for commercial aircraft...more

Wiley Rein LLP

Commerce Seeks Comment in New Section 232 Investigations Covering Imports of Commercial Aircraft and Jet Engines and their Parts

Wiley Rein LLP on

On May 9, the U.S. Department of Commerce (Commerce) released an advanced notice soliciting public comments on an investigation into the national security impacts of imported commercial aircraft and jet engines, and parts for...more

Husch Blackwell LLP

Commerce Initiates Section 232 Investigation on Commercial Aircraft, Jet Engines and Parts Thereof.

Husch Blackwell LLP on

The U.S. Department of Commerce (“Commerce”) has initiated an investigation to determine the effects on the national security of imports of commercial aircraft and jet engines, and parts for commercial aircraft and jet...more

Baker Botts L.L.P.

President Trump Pulls the Plug on Controversial AI Diffusion Rule

Baker Botts L.L.P. on

In a highly anticipated move, the Trump administration has announced that it will rescind and replace the AI Diffusion Rule issued by the Commerce Department during the last weeks of the Biden administration. Set to take...more

Cozen O'Connor

The SHIPS for America Act

Cozen O'Connor on

On Wednesday, April 30, 2025, Senators Mark Kelly (D-AZ) and Todd Young (R-IN) and Representatives Trent Kelly (R-MS) and John Garamendi (D-CA) introduced S. 1541, the Shipbuilding and Harbor Infrastructure for Prosperity and...more

Troutman Pepper Locke

The Least Known Risk in the Energy Sector: The “ICTS” National Security Rules

Troutman Pepper Locke on

There are unprecedented risks and opportunities emerging for companies in the energy sector as the Trump administration’s priorities start to come into focus. Many of those are well-known to the industry. Here’s one that’s...more

WilmerHale

The United States and Singapore Signal More Robust Export Control Enforcement

WilmerHale on

Recent actions by the Singapore and US governments following DeepSeek’s alleged use of restricted artificial intelligence (AI) chips signal more robust enforcement of export controls. Not only is Singapore stepping up its...more

Wiley Rein LLP

Commerce Initiates New Section 232s on Critical Minerals and Medium/Heavy Trucks

Wiley Rein LLP on

On April 23, the U.S. Department of Commerce (Commerce) announced its initiation of investigations into the national security effects of imports of critical minerals and medium/heavy trucks, parts for such goods, and their...more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Mitigation Strategies

Troutman Pepper Locke on

The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward....more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Key Risk Takeaways

Troutman Pepper Locke on

The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward. Originally...more

Sheppard Mullin Richter & Hampton LLP

A Roadmap for Export Controls? Project 2025 and the Future of U.S. Exports – Part I

The second Trump administration has come flying out of the starting blocks on international trade policy actions—imposing and rescinding, shaping and reshaping tariffs, sanctions, and export controls. The executive orders and...more

Fenwick & West LLP

The Continued Retreat: Commerce Secretary Announces Section 232 Investigations into Pharmaceuticals and Semiconductors

Fenwick & West LLP on

Section 232 investigations determine whether the targeted U.S. imports threaten to impair U.S. national security. At the conclusion of a Section 232 investigation (which can last for up to 270 days), the President must...more

Kelley Drye & Warren LLP

New Section 232 Investigations Announced on Semiconductors, Pharmaceuticals, and Critical Minerals

Over the past few weeks, the Trump Administration has announced three new investigations under Section 232 of the Trade Expansion Act of 1962 into whether imports of pharmaceuticals, semiconductors, and critical minerals and...more

Faegre Drinker Biddle & Reath LLP

Tariff Tactics and National Security: Decoding Section 232’s Role in Shaping Trade Policies

Overview of Section 232 Actions - While President Trump has often utilized the International Emergency Economic Powers Act (IEEPA) to levy tariffs during the recent onslaught of tariff action, Section 232 of the Trade...more

ArentFox Schiff

232 Investigation of Pharmaceuticals: Potential Tariffs and Tight Comment Deadline

ArentFox Schiff on

Effective April 5, the United States imposed a 10% baseline tariff on imports from nearly all countries, excluding products from Canada and Mexico, and those products contained in the Harmonized Tariff Schedule of the United...more

Mintz - Antitrust Viewpoints

Commerce Department Investigates National Security of Semiconductors, and US Attorney Indicts AI CEO for Fraud — AI: The...

On April 1, the Department of Commerce (Commerce) launched a Section 232 investigation into the national security of semiconductor imports. On April 16, Commerce published a Request for Information (RFI) seeking public...more

ArentFox Schiff

Commerce Initiates 232 Investigation on Semiconductors and SME, Paving the Path for Potential Tariffs

ArentFox Schiff on

On April 1, the US Secretary of Commerce initiated a section 232 “national security” investigation, “to determine the effects on national security of imports of semiconductors, semiconductor manufacturing equipment (SME), and...more

Baker Donelson

New Section 232 Investigations Target Pharmaceutical, Semiconductor, and Critical Mineral Industries: What Impacted Businesses...

Baker Donelson on

The Department of Commerce (Commerce) has launched three Section 232 investigations covering pharmaceuticals, pharmaceutical ingredients, and their derivative products; semiconductors and semiconductor manufacturing equipment...more

Alston & Bird

Commerce Seeks Comments on Section 232 Investigation of Semiconductors

Alston & Bird on

The Department of Commerce’s Bureau of Industry and Security (“BIS”) has initiated a Section 232 investigation of imports of semiconductors and semiconductor manufacturing equipment. According to the Federal Register notice...more

Foley Hoag LLP

U.S. Department of Commerce Investigates Possible Tariffs on Pharmaceuticals: Forecasting the Impact and an Opportunity to Comment

Foley Hoag LLP on

I. Key Takeaways - - The Secretary of Commerce is investigating the effects of imports of pharmaceuticals and pharmaceutical ingredients (and their derivative products) on national security to support potential tariffs or...more

Torres Trade Law, PLLC

Semiconductor Tariff Exclusions & New Section 232 Investigations

Torres Trade Law, PLLC on

This article provides an overview of the most recent tariff updates affecting businesses operating within the semiconductor, pharmaceutical, and critical mineral industries. Below we outline recent tariff exclusions for...more

Husch Blackwell LLP

President Trump seeks Section 232 Investigation into Imports of Critical Minerals, Rare Earths and Derivative Products

Husch Blackwell LLP on

On April 15, 2025, President Trump directed the Secretary of Commerce to initiate an investigation under Section 232 of the Trade Expansion Act of 1962 examining the threats to national security from imports of processed...more

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