Correspondence relating to the impact of United States tariffs introduced in 2025 on the Scottish Whisky Industry: FOI release

Information requested

All internal and external correspondence, including emails, briefing notes, memos, and meeting minutes, relating to the impact of United States tariffs introduced in 2025 under President Donald Trump on the Scottish whisky industry. This should include communications between Scottish Government officials and representatives of the UK Government, the US Government, industry bodies (such as the Scotch Whisky Association), and any other relevant stakeholders.

You are particularly interested in correspondence dated between 20 January 2025 and 11 November 2025, covering the period during which these tariffs were introduced and their immediate impact assessed.

Response

I enclose a copy of most of the information you requested. We have provided the relevant information in extract form because the remainder of the documents falls outside the scope of your request. This approach ensures you receive the information requested without unnecessary redaction of material that is not relevant. Please find this information in the document attached.

Some of the information you have requested on the impacts of tariffs on the whisky industry may be available in previous FOISA requests and press releases listed below. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

• Preparatory work completed by Scottish Government regarding USA tariffs: FOI release - gov.scot
• Correspondence regarding First Minister export roundtable: FOI release - gov.scot
• First Minister and President of the United States meeting information: FOI release - gov.scot
• US President's July 2025 trip to Scotland materials: FOI release - gov.scot
• UK-US Trade deal correspondence: FOI release - gov.scot
• First Minister leads Washington visit - gov.scot
• Talks at the White House - gov.scot

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested as it is held by the UK Government, and is not part of the Scottish Government corporate record. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
In this instance we are also unable to provide some of the information you have requested because exemptions under the following sections of FOISA applies to that information:

• Section 28(1) Relations within the UK
• Section 30(b)(i) Free and frank provision of advice
• Section 30(b)(ii) Free and frank exchange of views
• Section 30(c) Prejudice effective conduct of public affairs.
• Section 32(1)(a)(i) Substantial prejudice to international relations
• Section 33(1)(b) Substantial prejudice to commercial interests

The reasons why the exemptions apply are explained below:

Section 28(1) – Relations within the UK - An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in maintaining close working relationships between the Scottish Government and the UK Government. There is no public interest in disclosing information that will damage relationships and disrupt future communications.

​​​​​​​Section 30(b)(i) – Free and frank provision of advice - An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested.

This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice will substantially inhibit the provision of such advice in the future.

​​​​​​​This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers and other officials.

​​​​​​​Section 30(b)(ii) – Free and frank exchange of views - An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view.

​​​​​​​This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. This exemption recognises that there is some public interest in release because disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in preventing the inhibition of the free and frank exchange of views for the purposes of deliberation.

​​​​​​​Section 30(c) – Substantial prejudice to the effective conduct of public affairs - An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for Ministers and officials to be able to communicate, often in confidence, with external stakeholders on a range of issues. Disclosing the content of these communications, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that their views are likely to be made public. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed decisions.

​​​​​​​This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position that is sound and likely to be effective. Disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders.

​​​​​​​Section 32(1)(a)(i) – Substantial prejudice to international relations - An exemption under section 32(1)(a)(i) of FOISA (international relations) applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the United Kingdom and any other State.

​​​​​​​This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in disclosing information to enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in avoiding substantial prejudice to UK-US trade negotiations, potentially damaging UK relations with the United States.

​​​​​​​Section 33(1)(b) – Commercial interests - An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of a person or organisation based in Scotland.

​​​​​​​This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. This exemption recognises that there is a public interest in disclosing information as part of open and transparent government. However, there is no public interest in releasing information which might damage the commercial interests of a person or organisation in Scotland.​​​​​​​

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FOI 202500493229 - Information Released - Annex

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