On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, and guest Chris Chamberlain of Morrison & Foerster to review the evolution of export controls on AI chips from October 2022 to the present. The discussion explores the variety of tools BIS has employed as it wrestles with tailoring controls, the value of BIS "is informed" letters, and chip diversion.

Roadmap:

• The October 7 IFR and a brief tour of subsequent changes through May 2025
• Identifying a problem versus tailoring controls: Troubleshooting how to restrict access to the most advanced compute resources and the tools necessary to manufacture them
• Assessing the benefits to both BIS and industry of "is informed" letters
• Predictions for the next iteration of the AI Diffusion Rule
• A diversion into the problem of diversion: Red flags and tactics identified in the wild

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Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!