Export Administration Regulations

News & Analysis as of

BIS Proposes Broad New Licensing Requirements for Exports Involving Cybersecurity Technology

In December 2013, members of the Wassenaar Arrangement, a group of 41 countries, which includes the United States, agreed to broaden its list of dual-use controls to include certain cybersecurity items. The new items added to...more

Changes in US Sanctions on Cuba Present Opportunities and Challenges

The Obama Administration’s recent loosening of trade restrictions on Cuba has the potential to open new opportunities for US businesses. However, there are several obstacles to be overcome before US companies may access...more

Sharing Sensitive Technologies Between International Affiliates

In the normal course of operations between U.S. and foreign affiliates, inter-company communications and data conveyances are frequent and occur both intentionally and inadvertently. The U.S.-foreign affiliation can be in the...more

Companies Should Consider Cuban Trademark Protection – Now

In December 2014, President Obama made an unexpected announcement signaling a “new course” for Cuba after more than fifty years of comprehensive U.S. sanctions. The changes to U.S. sanctions and export policy under the Cuban...more

U.S. Export Policy for Commercial and Military Unmanned Aerial Vehicles

On February 17, the Obama Administration announced a new U.S. export control policy for military and commercial Unmanned Aerial Vehicles ("UAVs"). The policy, the details of which have not been released, reportedly includes...more

New Authorizations to Export Personal Communications Items and Services to Sudan

On February 18, 2015 the Commerce Department’s Bureau of Industry and Security (“BIS”) and Treasury Department’s Office of Foreign Assets Control (“OFAC”) published changes to the Export Administration Regulation (“EAR”) and...more

Cuba Sanctions: 10 Important Changes

Ten key changes to US sanctions and export regulations for Cuba. On January 15, 2015, the Departments of the Treasury and Commerce revised the Cuban Assets Control Regulations (CACR) and the Export Administration...more

Know the Risks: Domestic and International Compliance

The penalties for compliance missteps have never been higher — particularly in the international regulatory context. As the record-setting penalties against BNP Paribas (nearly $9 billion in penalties for violations of...more

New Opportunities in Cuba for U.S. Travel and Medical Companies – Cigars but not Commerce

After President Obama's announcement that his Administration will pursue a policy aimed at improving U.S.-Cuba diplomatic relations and ultimately eliminating the economic embargo on Cuba, the U.S. Treasury and Commerce...more

Important Changes to the U.S. Sanctions Against Cuba

The Obama administration recently announced the most significant changes in years to U.S. sanctions against Cuba, allowing expanded travel, trade, and exchange in targeted areas....more

Softening of Cuba Sanctions Opens the Way for Some Travel and Trade

As part of a broader, ongoing effort to forge closer relations with Cuba, the Obama administration has enacted a new set of regulations intended to facilitate certain forms of authorized travel to Cuba. The regulations, which...more

Update: Export Control Reform – One Year Later

It has now been over a year since the President’s Export Control Reform Initiative kicked off in October 2013 with revisions to four categories of the United States Munitions List (USML). Since then, 4 more rounds of changes...more

Obama Administration Loosens Restrictions on Cuba Travel and Commerce

On January 15, 2015, the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce, Bureau of Industry and Security (BIS) released regulatory amendments implementing the Cuba...more

Frequently Asked Questions About U.S./Cuban Policy Changes

President Obama recently announced steps to ease the 54-year old embargo on Cuba and begin to restore diplomatic relations. The following frequently asked questions examine key issues from a policy and business...more

Hong Kong loses part of its preferred export control status

On December 23, 2014, the US Department of Commerce, Bureau of Industry and Security (BIS) published an amendment to the Export Administration Regulations (EAR) imposing an export licensing requirement on Hong Kong for all...more

BIS Issues First Published Guidance on the Short Supply Controls

Today, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) issued the first-ever published guidance on the Short Supply Controls, the regulations that limit the export of crude oil out of the United...more

ITAR/EAR Amendments for Military Electronics Become Effective December 30

The amendments affecting military electronics products under Export Control Reform become effective on December 30, 2014. This will cover a large number of products in the electronics, computer, telecom and avionics...more

Drop Your Weapons: The United States Restricts Military Exports to Venezuela

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) to restrict exports to Venezuela of certain items intended for “a military end use or end user.” ...more

What happens in the cloud stays in the cloud: BIS reinforces export control insulation for cloud-based computing and processing

The US Department of Commerce, Bureau of Industry and Security (BIS) recently released a redacted Advisory Opinion dated November 13, 2014 that confirms for cloud-based software vendors (or Software as a Service providers)...more

BIS Ramps Up Restrictions on Trade With Venezuela

The Department of Commerce’s Bureau of Industry and Security (“BIS”) recently published a final rule adding to existing U.S. government restrictions on trade with Venezuela. The November 7th rule amends Section 744.21 of...more

Condensate Exports Raise Compliance Questions for Purchasers

Recent press reports covering the sale and export of lightly processed condensate from the Eagle Ford Shale have characterized such transactions as a major test to the four-decade-long ban on crude oil exports, and a sign...more

5 Compliance “Hot Spots” for Technology Companies Under Export Controls and Sanctions Laws

Increasingly interconnected global businesses need to focus on how export controls and trade sanctions can affect their cross-border activities in unexpected ways. For decades, the US Government has used trade...more

ECR Episode IX: The Export Control Reform Turns One – What are Your Plans for the Big Celebration?

The Year Mark - Apparently, it is now fashionable among my peers to host elaborate parties in honor of the first birthdays of their children. I have attended a number of these fêtes, and been impressed to just what...more

Sanctions Relating to Russia Imposed by the U.S., EU, Australia and Japan - A Snapshot of Where We Are Now

Since early March 2014, a number of countries have imposed various types of sanctions against Russia and certain persons in Ukraine in connection with events in Ukraine. We have issued a series of updates covering, in...more

"US Imposes New Licensing Requirements on Exports to Russia of Oil and Gas Equipment and ‘Dual-Use’ Items"

On August 6, 2014, in response to continuing developments in Ukraine, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published a new final rule that significantly expands restrictions on U.S. exports to...more

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