On July 23, 2025, the Trump Administration released its long-anticipated AI Action Plan, outlining a federal roadmap to maintain U.S. global leadership in artificial intelligence (AI). The plan serves as a guiding policy...more
7/25/2025
/ Artificial Intelligence ,
Department of Defense (DOD) ,
Executive Orders ,
Export Controls ,
Government Agencies ,
Innovation ,
National Security ,
Popular ,
Regulatory Reform ,
Trump Administration ,
U.S. Commerce Department
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a series of significant updates affecting export controls on advanced computing integrated circuits (ICs), artificial intelligence (AI)...more
Howard Lutnick has been confirmed as Secretary of Commerce, while Jeffrey Kessler has been nominated for Under Secretary for Industry and Security. Both have more experience with trade policy and tariffs than with export...more
2/20/2025
/ America First Trade Policy ,
Bureau of Industry and Security (BIS) ,
China ,
Executive Orders ,
Export Controls ,
International Trade ,
National Security ,
Regulatory Agenda ,
Regulatory Freeze ,
Trade Relations ,
Trump Administration
Welcome to the Akin Intelligence September-October recap. Around the one-year anniversary of the AI Executive Order, the White House announced that agencies had carried out their directives. Members of Congress introduced a...more
12/16/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
COPPA ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
EU ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Interim Final Rules (IFR) ,
National Security ,
NIST ,
Notice of Proposed Rulemaking (NOPR) ,
Semiconductors ,
UK
U.S. export controls on space-related items were last significantly revised in 2014. Since then, the industry has continued to evolve towards a wider range of public-private partnerships and purely commercial activities,...more
11/4/2024
/ Bureau of Industry and Security (BIS) ,
Directorate of Defense Trade Controls (DDTC) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Interim Final Rules (IFR) ,
ITAR ,
National Security ,
Outer Space ,
Proposed Legislation ,
Software ,
Technology Sector ,
USML
Welcome to the March edition of Akin Intelligence. This month, the EU AI Act was approved by the European Parliament, moving one step closer to becoming the first major AI law. In the U.S., the DOJ brought criminal charges...more
4/10/2024
/ Artificial Intelligence ,
Biden Administration ,
Commercial Litigation ,
Copyright ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
EU ,
Executive Orders ,
Healthcare ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Life Sciences ,
Machine Learning ,
National Security ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
Technology Sector ,
UK
On March 1, 2024, the Department of Commerce (Commerce), Bureau of Industry and Security (BIS), through its Office of Information and Communication Technology and Services (ICTS), released an advanced notice of proposed...more
3/4/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
China ,
Executive Orders ,
Foreign Adversaries ,
National Security ,
Satellites ,
Software ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
Key Points -
On January 16, 2024, Matthew Axelrod, Assistant Secretary for Export Enforcement at the U.S. Department of Commerce’s BIS announced key updates to BIS’s VSD process. The updates are also now reflected on BIS’s...more
1/26/2024
/ Bureau of Industry and Security (BIS) ,
Enforcement ,
Export Administration Regulations (EAR) ,
Exports ,
National Security ,
Negligence ,
Non-Prosecution Agreements ,
Penalties ,
Penalty Reductions ,
Self-Disclosure Requirements ,
U.S. Commerce Department ,
Voluntary Disclosure
Key Points -
The Biden-Harris Administration has issued its long-awaited executive order (EO) regulating artificial intelligence (AI). The order issues directives to over twenty federal agencies, with the deadline for...more
Welcome to the October edition of Akin Intelligence. We continue to see bipartisan and international interest in artificial intelligence (AI) regulation. In the executive branch, agencies are working towards developing...more
10/19/2023
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Copyright Office ,
Cybersecurity ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Intellectual Property Protection ,
ISOs ,
Machine Learning ,
National Security ,
National Security Agency (NSA) ,
New Regulations ,
NIST ,
OMB ,
SAG ,
Screenwriters ,
Shareholders ,
USPTO ,
Writers
On July 26, 2023, the departments of Commerce, Justice and the Treasury issued their second ever to date “Tri-Seal Compliance Note” (the “Note”). It describes expectations for the voluntary disclosure of sanctions, export,...more
8/7/2023
/ Anti-Corruption ,
Bureau of Industry and Security (BIS) ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Export Controls ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanction Violations ,
U.S. Commerce Department ,
U.S. Treasury ,
Voluntary Disclosure
Key Points -
On March 2, 2023, DOJ announced that its NSD would hire more than 25 new prosecutors to investigate and prosecute sanctions evasion, export controls violations and similar economic crimes. Consistent with...more
Key Points -
The Export Control Reform Act of 2018 has been amended to give BIS the authority to regulate services and other activities of U.S. persons, wherever located, when in support of foreign “military, security, or...more
Key Points -
BIS amended the EAR to add a new criterion for placing a party on the Entity List: a sustained lack of cooperation by the host government to schedule and facilitate the completion of an end-use check of an...more
Key Points -
The U.S. Department of Commerce has reorganized and clarified the regulations describing when foreign-produced items outside the United States are and are not subject to the licensing and other obligations of...more
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
On June 10, 2021, the 29th session of the Standing Committee of the 13th National People’s Congress ("NPC") adopted China’s new Anti-Foreign Sanctions Law,1which took immediate effect. The new law provides legal grounds for...more
Key Points -
On June 9, President Biden signed an executive order (“EO”) revoking a series of Trump-era EOs targeting specific Chinese “connected software applications” (“apps”), including TikTok and WeChat.
The EO calls...more
6/23/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Adversaries ,
Mobile Apps ,
National Security ,
Personal Data ,
Popular ,
Supply Chain
On June 3, 2021, President Biden issued Executive Order 14032 (Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China) (“CMIC EO”) that modifies the Trump-era...more
Key Points
- On January 19, 2021, the U.S. Commerce Department published an interim final rule (IFR) to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more
2/11/2021
/ Biden Administration ,
CFIUS ,
Critical Infrastructure Sectors ,
Foreign Adversaries ,
Interim Final Rules (IFR) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Personal Data ,
Prohibited Transactions ,
Public Comment ,
Sensitive Personal Information ,
Technology Sector ,
U.S. Commerce Department
- The U.S. Department of Commerce has published a highly complex and novel interim final rule extending the controls of the Export Administration Regulations (EAR) over foreign-made items in Huawei’s contract manufacturing...more
5/21/2020
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Foreign Policy ,
General Licenses ,
Huawei ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Public Comment ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
- 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
4/30/2020
/ Bureau of Industry and Security (BIS) ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
Licensing Rules ,
Military End Use ,
National Security ,
Proposed Rules ,
U.S. Commerce Department
Key Points
- On November 26, 2019, the U.S. Department of Commerce (“Commerce”) issued a proposed rule to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more
12/4/2019
/ CFIUS ,
Executive Orders ,
Foreign Acquisitions ,
Foreign Adversaries ,
Foreign Investment ,
Information and Communication Technology (ICT) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department
• The Department of Commerce has announced that it plans to eliminate License Exception CIV (civil end-users) from the Export Administration Regulations (EAR).
• Businesses who use or have considered using License...more
• On May 20, 2019, the U.S. Department of Commerce published a 90-day Temporary General License (TGL) authorizing limited categories of exports, reexports, or transfers that are otherwise prohibited pursuant to the addition...more
5/22/2019
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
General Licenses ,
Huawei ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department