Melvin Schwechter

Melvin Schwechter

BakerHostetler

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BIS Issues Final Rule Altering Encryption Controls

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

9/29/2016 - BIS Commerce Control List EAR ECCNs Encryption

BIS Revises Penalty and Settlement Guidance

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

7/7/2016 - BIS EAR Exports OFAC Transparency

BIS and State Department Issue Rules on Key Export Control Definitions and Cloud Computing

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

6/15/2016 - BIS Cloud Computing Corporate Counsel DDTC EAR Export Controls ITAR US Department of State

Implementation Day and the Lifting of Sanctions Against Iran

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

1/27/2016 - Coal EU Export Controls IAEA Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Nuclear Weapons OFAC P5+1 Nations Shipping

Budget Bill Compromise Leads to Historic Reversal of the Ban on Crude Oil Exports

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

12/22/2015 - Crude Oil Exports National Security New Legislation Refineries

Federal Court Sets Strict Standards for Bringing Customs Penalty Cases

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

12/9/2015 - Anti-Dumping Duty Court of International Trade Customs and Border Protection DOJ Gross Negligence Imports

Where the Rubber Meets the Road: Obama Administration Announces Regulatory Amendments to U.S. Cuba Sanctions

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 BIS Cuba Cuban Assets Control Regulations (CACR) Embargo Executive Orders Export Controls Exports Foreign Relations Imports OFAC Popular Sanctions Telecommunications Trade Relations Travel Permits U.S. Treasury

Commerce Department Clarifies Rules on Exports of Lease Condensate

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

1/6/2015 - Exports Licenses Oil & Gas Petroleum U.S. Commerce Department

U.S. Enacts New Russia Sanctions Law; President Obama Imposes Trade/Investment Embargo on Crimea

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

12/23/2014 - Banking Sector Crimea Defense Sector Energy Sector Oil & Gas Russia Sanctions UFSA Ukraine

Department of Commerce and OFAC Continue Imposing Hefty Sanctions on Russia, While Russia Retaliates with Own Sanctions

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

8/13/2014 - Foreign Policy OFAC Russia Sanctions U.S. Commerce Department

U.S. Imposes Further Economic Sanctions on Russian Officials and Entities in Connection with the Crisis in Crimea

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

5/7/2014 - Asset Freeze Barack Obama Executive Orders Foreign Affiliates OFAC Russia Sanctions Ukraine

State Department Consent Agreements with Aeroflex, Inc. and Meggitt-USA, Inc. Provide Blueprint for Compliance Success

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

9/3/2013 - Compliance Consent Agreements Export Controls ITAR US Department of State

President Obama's Export Control Reform Initiative Continues with Final Revisions to Four U.S. Munitions List Categories and...

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

8/5/2013 - Arms Export Control Act Department of Defense (DOD) Export Controls U.S. Commerce Department US Department of State US Munitions List

The United States Increases - and, in One Case, Eases - Sanctions Against Iran

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

6/11/2013 - Barack Obama Executive Orders FFI Iran Sanctions Licenses OFAC SDN List

New Iran Sanctions Enacted

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

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