Export Controls

News & Analysis as of

U.S. Government Approves Crude Oil Swaps with Mexico While Congress Considers Repealing the Underlying Export Restrictions

On August 14, 2015, the U.S. Department of Commerce’s, Bureau of Industry and Security (BIS) indicated that it would approve a number of export license applications permitting parties in the United States to swap crude oil...more

U.S. Department of Commerce Places Severe Export Restrictions on Russian Deepwater Oil and Gas Field

On August 7, 2015, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding the Yuzhno-Kirinskoye Field, a Russian oil and gas field located in the Sea of Okhotsk, to its Entity...more

UK Export Licensing Trends

The Export Control Organisation (ECO) has released its latest set of data on export licensing. For the first time, this has been produced to be compliant with the UK Statistics Authority’s code of practice for official...more

The Baby and the Bathwater: The Department of Commerce’s Bureau of Industry and Security (BIS) Intrusion and Surveillance Software...

If you are not aware, please take note that the July 20, 2015 deadline is fast approaching for comments to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) proposed rule on the export control of certain...more

EU Customs Practice Group - June 2015

EU CUSTOMS POLICY - Union Customs Code Developments It has become clear that there are further delays in finalising the draft Union Customs Code (UCC) Implementing and Delegated Acts within the Commission, in light of a...more

Top 10 Things to Know About the Easing of Sanctions Under the Iran Nuclear Agreement

The Iran sanctions landscape is poised to change in early 2016, but US persons and US companies will see far fewer opportunities than their European counterparts. On July 14, 2015, the P5+1 countries (the United...more

Trade & Manufacturing - July 2015

In This Issue: - Update on Trade Promotion Authority and Companion Trade Bills: A Lot Can Happen In Washington In 34 Days - Congress Allows Export-Import Bank Charter to Expire, for Now - WTO Finds That COOL Is...more

Proposed Rule to Subject Certain Cybersecurity Items to Greater Export Restrictions

The U.S. Department of Commerce Bureau of Industry and Security (BIS) recently published a proposed rule enhancing controls on certain cybersecurity items under the Export Administration Regulations (EAR). Specifically, the...more

Trade & Manufacturing - News of Note - July 2015

State and Commerce Departments Seek Input from Industry on Elements of Export Control Reform - In recent weeks, the State Department and the Commerce Department have published in the Federal Register several proposed...more

Proposed ITAR Amendment Provides Important Benefit for Government Contractors

The Directorate of Defense Trade Controls (“DDTC”) has issued a proposed regulation under the International Traffic In Arms Regulations (“ITAR”) that will have a significant impact on government contracts firms. Under the...more

WTO’s Ruling Against India’s Ban on U.S. Agricultural Products May Finally Open Market for American Farmers

On June 4, 2015, the World Trade Organization (WTO) Appellate Body ruled in favor of the United States and affirmed the WTO dispute settlement panel’s findings that India’s ban on various U.S. agricultural products violates...more

Attention Exporters: Passage of ‘Fast-Track’ Bill Sets the Stage for America’s Next Big Trade Deal

The Idea Behind TPA - On September 24 a rare alliance between Republicans and the Obama Administration led to passage of the ‘fast-track’ bill granting the President a 6-year renewal of Trade Promotion Authority (TPA). As a...more

Proposed Change to Export Controls Would Allow Use of the Cloud for Encrypted Data

On June 3, 2015 the State Department’s Directorate of Defense Trade Controls (DDTC) and the Commerce Department’s Bureau of Industry and Security (BIS) published proposed regulations which would change the definition of the...more

State and Commerce Seek Comments on Proposed Export Control Rules Regarding Electronic Transmissions, Defense Services and Other...

On June 3, 2015, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) and the Department of Commerce’s Bureau of Industry and Security (BIS) published proposed rules amending the International Traffic...more

U.S. Government and Fokker Appeal District Court’s Rejection of Deferred Prosecution Agreement

On June 8, attorneys for the U.S. Department of Justice (DOJ) joined Dutch aerospace company Fokker Services BV (“Fokker”) in appealing the district court’s rejection of Fokker’s deferred prosecution agreement (DPA) with the...more

Controls Coming for Intrusion & Network Surveillance Tools

The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. ...more

State and Commerce Departments Publish Next Set of Proposed Export Control Reform Rules: Fire Control, Range Finder, Optical...

In This Issue: - Export Control Reform Initiative - DDTC Proposed Rule - BIS Proposed Rule - For More Information - Excerpt from Export Control Reform Initiative: By way of background, the Export...more

Export Control Laws for the General Counsel

You are the chief legal officer of a U.S. company. Your CEO walks into your office and announces that your company is about to conclude its first international sale. In addition, the company has just appointed distributors in...more

Are You a Government Subcontractor?

Just because your company does not contract directly with the government does not necessarily mean you are not subject to the many requirements associated with government contractors. Those who provide goods and services to...more

US Department of Commerce proposes licensing requirements for export and transfer of cybersecurity items

In December 2013, the Wassenaar Arrangement - a group of 41 countries including the United States - agreed to add so-called cybersecurity items to its list of controlled dual-use items. On May 20, 2015, the Department of...more

Weekly Update Newsletter - June 2015

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue a Proposed Rule to Amend FAR: Consolidation and Bundling of Contract Requirements - The Department of Defense (DoD), General Services Administration (GSA), and...more

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

An attempt at Harmonization: Export Documentation Changes

The Bureau of Industry and Security (BIS) is currently accepting comments on methods of improving the Export Administration Regulations (EAR) as well as harmonizing these regulations with the clearance requirements under the...more

Washington Insight - May 2015

In This Issue: - Trade Promotion Authority Bill Advances - The U.S. Crude Oil Export Ban: An Outdated Relic Of The Past - Rocky Road Ahead For FY2016 Appropriations Bills - Banking Committee...more

Red Notice Newsletter - May 2015

Welcome to the May 2015 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month on the anticorruption front, a German engineering firm tests Brazil's recently implemented anticorruption...more

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