Export Controls

News & Analysis as of

Global Impact: China's ZTE Added to BIS Entity List but Granted Temporary Export License

On March 8, 2016, the United States Commerce Department's Bureau of Industry and Security (BIS) published a notice in the Federal Register announcing that China's ZTE Corporation (ZTE), along with three of its affiliates,...more

DC Circuit curtails judicial exercise of supervisory powers over deferred prosecution agreements

In a ruling with important implications for corporate criminal resolutions, the DC Circuit has upheld DOJ's wide prosecutorial discretion to enter into Deferred Prosecution Agreements (DPAs) with defendants - and severely...more

USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international...more

Additional Steps to Ease U.S. Sanctions and Export Controls for Cuba prior to Obama Visit

In advance of President Obama’s highly publicized trip to Cuba, the Administration took additional steps to ease restrictions on trade and travel with Cuba. These changes to the Cuban Assets Control Regulations (CACR) and...more

Red Notice Newsletter - March 2016

ANTICORRUPTION DEVELOPMENTS – Olympus to Pay $646 Million for Anti­Kickback and FCPA Violations - Early this month, Olympus Corp. of the Americas (OCA) settled government investigations related to violations of the...more

OFAC Authorizes Certain Commercial Passenger Aircraft Transactions with Iran

On March 24, 2016, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) issued General License I authorizing U.S. persons to undertake certain transactions ordinarily incident to the negotiation of, and...more

Epsilon Case Highlights the Need for Sanctions Due Diligence on Resellers

As global companies begin to reenter the Iranian market, a decision issued by the U.S. District Court for the District of Columbia is an important reminder that resellers and distributors can generate liability for U.S....more

Commerce at its Best – A True Export Promotion Tool for U.S. Exporters

Trade Agreements are political hot potatoes, which as a trade attorney I always find interesting. The presidential candidates have been debating the pros and cons of trade agreements for years from a 60,000 foot level. Is the...more

BIS Grants Temporary Relief for Two ZTE Companies and their Suppliers

In an extraordinary development, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a new rule, effective March 24, 2016, creating a temporary general license for two entities—Zhongxing...more

Easy Come, Easy Go: Latest Developments in US Sanctions

Making regular updates to policies and procedures related to international trade compliance has always been an important aspect of ensuring their effectiveness, and particularly in light of the myriad changes to various U.S....more

Changes in U.S. - Cuba Regulations

On March 15, 2016, the U.S. Department of the Treasury and the U.S. Department of Commerce issued new amendments to regulations governing travel, trade, and financial transactions with Cuba....more

Obama Administration Further Eases Sanctions in Advance of Cuba Visit

On Wednesday, March 16, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) implemented amendments to the Cuban...more

"US Further Eases Sanctions Ahead of President’s Historic Trip to Cuba"

On March 15, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS) announced regulatory amendments that further eased U.S....more

US Further Liberalizes Cuba Sanctions

On March 15, 2016, in advance of the historic visit to Cuba by the President, the United States announced significant amendments to existing Cuba-related economic sanctions and export control regulations to implement the...more

United States To Renegotiate Controls On Intrusion Software

Since the end of 2013, an important question has loomed over the computer security industry: would the U.S. government impose strict controls on the sharing of technology and research related to cybersecurity vulnerabilities?...more

U.S. Export Controls Restrictions Imposed on Chinese Telecommunications Giant ZTE

Effective March 8, 2016, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule adding Zhongxing Telecommunications Equipment Corporation (ZTE) of Shenzhen, China, and the following...more

U.S. Commerce Department Imposes Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On Tuesday, March 8, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment Corporation, known as ZTE, on the Entity List, along with affiliates ZTE Kangxun Telecommunications Ltd., Beijing 8-Star...more

Commerce Department Puts China Telecom Giant ZTE on Export Blacklist

On March 8, 2016, a notice appeared in the Federal Register indicating that Chinese telecom giant ZTE, effective immediately, has been placed on the Department of Commerce’s "Entity List." This means that nothing can be...more

UN Security Council Tightens and Expands Sanctions Against North Korea

On March 2, 2016, the United Nations Security Council unanimously adopted Resolution 2270 imposing new sanctions and tightening old measures against the Democratic People’s Republic of Korea (DPRK). The resolution is in...more

License Required for All Exports, Reexports, and Transfers to ZTE Corporation as of March 8, 2016

As of March 8, 2016, Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) will be added to the Entity List published by the U.S. Department of Commerce. This means that no company may export, reexport, or...more

Administration Seeks to Renegotiate Controversial Cybersecurity Export Control

The Obama administration will reportedly seek to renegotiate a controversial cybersecurity export control rule required to be implemented into U.S. regulations by the Commerce Department under the Wassenaar Arrangement on...more

Red Notice Newsletter - February 2016

DOJ and SEC Announce Settlement with PTC, Inc. in FCPA Case Involving SEC’s First Individual Deferred Prosecution Agreement - On February 16, 2016, the U.S. Securities and Exchange Commission (SEC) and the U.S....more

What about Canada and Australia? Iran Sanctions changes beyond the U.S. and EU

There has been much discussion of U.S. and EU sanctions changes following Implementation Day under the Joint Comprehensive Plan of Action (“JCPOA”), but a number of countries had imposed sanctions for Iran and it is worth...more

Cuba: The Risks and Rewards for U.S. Businesses

Background - Last week, the Obama Administration announced that the President intends to visit Cuba next month. He will find a political mixed bag of optimism and resignation. American businesses will find an equally...more

Iran Sanctions Eased, But Restrictions Remain

The United States recently lifted certain sanctions against the Islamic Republic of Iran, but the general prohibition on exporting to Iran remains in place. Specifically, on January 16, 2016 (commonly known as...more

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