Among the various challenges facing stakeholders in cross-border M&A deals is a potential national security review of the transaction by the Committee on Foreign Investment in the United States (CFIUS) and the possibility of...more
On Sept. 20, 2016, the Bureau of Industry and Security (BIS) published a final rule that revises the Export Administration Regulations (EAR) and the Commerce Control List (CCL), primarily to implement changes that were agreed...more
On June 22, 2016, the Bureau of Industry and Security (“BIS”) revised its guidance regarding administrative enforcement cases for violations of the Export Administration Regulations (“EAR”), other than those related to...more
On June 3, 2016, the Department of Commerce’s Bureau of Industry and Security (BIS) and the Department of State’s Directorate of Defense Trade Controls (DDTC) issued new rules revising existing definitions and adding new ones...more
On January 16, 2016, the International Atomic Energy Agency confirmed that Iran had fulfilled its initial nuclear-related obligations under the Joint Comprehensive Plan of Action (JCPOA) that had been reached in July between...more
On Friday, December 18, 2015, the U.S. House of Representatives and the Senate passed a bill to fund the federal government through September 2016, which includes a provision lifting the 40-year-old ban on the export of crude...more
In United States v. Nitek Electronics, Inc., decided December 1, 2015, the U.S. Court of Appeals for the Federal Circuit upheld a U.S. Court of International Trade decision that limited the government’s powers in seeking to...more
The United States and 11 other Pacific Rim trading partners recently announced that they have come to a provisional agreement on the wide-ranging trade agreement known as the Trans-Pacific Partnership (“TPP”), which, over...more
10/20/2015
/ Apple ,
Automotive Industry ,
Child Labor ,
Collective Bargaining ,
Copyright Infringement ,
Customs ,
Dairy Farmers ,
Data Transfers ,
Electronic Data Transmissions ,
Employment Discrimination ,
Environmental Policies ,
Facebook ,
Fishing Industry ,
Forced Labor ,
Google ,
Intellectual Property Protection ,
Logging ,
NAFTA ,
OSHA ,
Ozone ,
Pharmaceutical Industry ,
Safe Harbors ,
Tariffs ,
Technology Sector ,
Trade Agreements ,
Trans-Pacific Partnership ,
Transparency Directive ,
Unions ,
Wage and Hour ,
Work Schedules
On July 14, 2015, after two years of sometimes intense negotiations, the United States, the United Kingdom, France, Germany, Russia, and China (known as the “P5+1” countries), along with the European Union, signed a Joint...more
8/4/2015
/ Aircraft ,
Automotive Industry ,
Banking Sector ,
Banks ,
Coal Industry ,
Crude Oil ,
Embargo ,
Energy Sector ,
EU ,
Exports ,
Financial Institutions ,
Foreign Entities ,
Insurance Industry ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Joint Venture ,
Nuclear Power ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
P5+1 Nations ,
Petrochemicals ,
Popular ,
Ports ,
Reinsurance ,
SDN List ,
Shipping ,
Software ,
SWIFT ,
Underwriting ,
United Nations
On January 16, 2015, the U.S. Department of the Treasury (“Treasury”) amended the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (“CACR”), and the U.S. Department of Commerce amended the Export Administration...more
1/22/2015
/ Amended Regulation ,
Banking Sector ,
Barack Obama ,
Bureau of Industry and Security (BIS) ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Embargo ,
Executive Orders ,
Export Controls ,
Exports ,
Foreign Relations ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
Telecommunications ,
Trade Relations ,
Travel Permits ,
U.S. Treasury
On December 30, 2014, the Commerce Department issued new Frequently Asked Questions on exports of “Crude Oil and Petroleum Products,” the responses to which make it clear that certain types of lease condensate are eligible,...more
On December 18, President Barack Obama signed the Ukraine Freedom Support Act of 2014 (UFSA) into law. Passed by the Congress in response to Russia’s support of the pro-Russian insurgency in eastern Ukraine, it authorizes...more
On August 6, the U.S. Department of Commerce (the “Commerce Department”) issued new regulations, implementing additional sanctions against Russia and introducing new restrictions on exports for its energy sector. These new...more
On April 28, 2014, the Office of Foreign Assets Control (OFAC) imposed a new round of Ukraine-related sanctions on more than two dozen Russian companies and government officials. The latest sanctions, supplementing previous...more
On August 6 and 23, 2013, the US Department of State entered into Consent Agreements with Aeroflex, Inc. (Aeroflex) and Meggitt-USA, Inc. (Meggitt) to resolve numerous alleged violations of the Arms Export Control Act (AECA)...more
On July 8, 2013, the U.S. Departments of State and Commerce published final rules (78 Fed. Reg. 40892 and 40922), effective in 180 days (January 6, 2014), transferring export control jurisdiction over certain items previously...more
Most significantly, on June 3, 2013, President Obama issued Executive Order 13645 (78 Fed. Reg. 33945) that, effective July 1, 2013, implements provisions of the Iran Freedom and Counter-Proliferation Act of 2012 and imposes...more
Satellite Export Controls Now Eligible to be Returned to Commerce Department Jurisdiction -
On January 3, 2013, President Obama signed into law Public Law No. 112-239, the Iran Freedom and Counter-Proliferation Act of...more
1/16/2013
/ Export Controls ,
Foreign Banks ,
Human Rights ,
IFCPA ,
Iran Sanctions ,
Iran Threat Reduction and Syria Human Rights Act ,
Metals ,
NDAA ,
Ports ,
Reinsurance ,
Satellites ,
Shipping ,
Statute of Limitations ,
Terrorist Acts ,
U.S. Commerce Department ,
Underwriting