The Pentagon has issued a memo allowing for potential exemptions to its ban on using Anthropic's AI tools for mission-critical national security operations where no alternative exists. Any unit seeking an exemption must submit a detailed risk mitigation plan for approval.
An expert suggests this carve-out recognizes the practical difficulty of fully removing Anthropic from complex supply chains, and a flurry of waiver requests is expected. The memo follows a dispute that led to the ban and a lawsuit from Anthropic seeking to block it.
It also directs officials to prioritize removing these tools from critical systems like nuclear weapons and reaffirms that the ban applies to defense contractors, who must certify compliance within 180 days.
Main Topics: Pentagon policy on Anthropic AI tools, exemption process for national security, supply chain challenges, contractor compliance, and related legal action.
The Pentagon has told its senior leaders that use of Anthropic's AI tools may continue beyond a previously announced six-month phase-out period if deemed critical to national security, according to an internal memo seen by Reuters.
The memo is dated March 6 and signed by Pentagon Chief Information Officer Kirsten Davies. It says âthe exemptions â can be â authorised "in rare and extraordinary circumstances" and "will only be considered for mission-critical activities directly supporting national security operations where no viable alternative exists."
Any Pentagon unit seeking an exemption must submit a comprehensive risk mitigation plan for approval, according to the document, first reported by CBS News.
The Pentagon confirmed the memo but declined to comment further. Anthropic did not immediately respond to a request for â comment.
An expert âsaid the carve-out signals how challenging it will be to implement the ban on Anthropic.
The memo is a "recognition of the fact â that it's really hard for most vendors to certify they have removed the company from the entirety of their supply chain," said Franklin Turner, a government contracts lawyer at McCarter & English. For instance, contractors may find it difficult to ensure their software is free of any open-source code originating from Anthropic, he said.
âI do expect to see a flurry of waiver requests,â he added.
The memo comes after a âheated weeks-long dispute over technology guardrails on the use of Anthropic's AI tools by the military that culminated in Defense Secretary Pete Hegseth labelling the firm a supply â chain risk and banning its use by the Pentagon and its contractors.
Anthropic filed a lawsuit on Monday to block the Pentagon from implementing the ban.
The memo also directed officials to prioritise removing Anthropic's products from systems supporting critical missions, such as nuclear weapons and ballistic missile defence.
The memo also reaffirmed that the ban extends to defence contractors. It gives Pentagon contracting officers 30 days to notify contractors, which must then certify full compliance by the 180-day deadline.
The memo is dated March 6 and signed by Pentagon Chief Information Officer Kirsten Davies. It says âthe exemptions â can be â authorised "in rare and extraordinary circumstances" and "will only be considered for mission-critical activities directly supporting national security operations where no viable alternative exists."
Any Pentagon unit seeking an exemption must submit a comprehensive risk mitigation plan for approval, according to the document, first reported by CBS News.
The Pentagon confirmed the memo but declined to comment further. Anthropic did not immediately respond to a request for â comment.
An expert âsaid the carve-out signals how challenging it will be to implement the ban on Anthropic.
The memo is a "recognition of the fact â that it's really hard for most vendors to certify they have removed the company from the entirety of their supply chain," said Franklin Turner, a government contracts lawyer at McCarter & English. For instance, contractors may find it difficult to ensure their software is free of any open-source code originating from Anthropic, he said.
âI do expect to see a flurry of waiver requests,â he added.
The memo comes after a âheated weeks-long dispute over technology guardrails on the use of Anthropic's AI tools by the military that culminated in Defense Secretary Pete Hegseth labelling the firm a supply â chain risk and banning its use by the Pentagon and its contractors.
Anthropic filed a lawsuit on Monday to block the Pentagon from implementing the ban.
The memo also directed officials to prioritise removing Anthropic's products from systems supporting critical missions, such as nuclear weapons and ballistic missile defence.
The memo also reaffirmed that the ban extends to defence contractors. It gives Pentagon contracting officers 30 days to notify contractors, which must then certify full compliance by the 180-day deadline.
Meridiano
