A law firm said May 23 that the U.S. was failing to provide documents requested under the Freedom of Information Act partly because it was relying on a “novelly broad” interpretation of the Export Control Reform Act of 2018 (Husch Blackwell v. Department of Commerce, D.D.C. # 1:24-02733).
Gregory Dunlap, a former special agent in charge of the Bureau of Industry and Security's Office of Export Enforcement, has joined Akin as a senior regulatory adviser. Dunlap most recently oversaw export controls and sanctions investigations at BIS and also worked at DOJ for more than eight years, including in the National Security Division.
Although the Bureau of Industry and Security announced last week that it won’t be enforcing the Biden-era AI diffusion rule, companies should reassess their due diligence practices to prepare for a replacement rule and make sure they’re complying with existing chip controls, law firms said, which they expect the Trump administration to aggressively enforce.
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The Bureau of Industry and Security officially announced this week that it plans to rescind the Biden administration’s AI diffusion export control rule and issue a “replacement rule in the future.” The agency also issued new guidance about how using Huawei Ascend chips and other Chinese chips likely violates U.S. export controls, published recommendations for companies to protect their supply chains against “diversion tactics,” and outlined the types of activities involving AI chips and AI models that may trigger a license requirement.
Nature’s Sunshine Products, a dietary supplement manufacturer headquartered in Utah, may have violated U.S. sanctions and export controls, it disclosed this month.
The Bureau of Industry and Security officially announced May 13 that it plans to rescind the Biden administration’s AI diffusion export control rule and issue a “replacement rule in the future.” BIS enforcement officials won't be enforcing the Biden-era rule, the agency said, which was scheduled to take effect May 15. The agency said it plans to publish a formal rescission notice in the Federal Register.
The Trump administration’s request for an increased budget allocation for the Bureau of Industry and Security (see 2505020030) signals that export enforcement will be one of the administration's top priorities, said Gregory Allen, director of the Wadhwani AI Center at the Center for Strategic and International Studies.
Companies must spend more resources on export compliance, and governments need to do a better job of coordinating and updating multilateral export control lists, in order to prevent Russia, Iran and other “rogue actors” from buying as many sensitive dual-use goods, researchers said this week.
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