News & Analysis as of

Export Controls US Department of State Export Administration Regulations (EAR)

Cozen O'Connor

State Department Proposes Amendment to ITAR, Aiming to Bolster AUKUS Partnership

Cozen O'Connor on

On May 1, 2024, the U.S. State Department published a proposed rule to reduce International Traffic and Arms Regulations (ITAR) licensing requirements for the transfer of defense articles or services between the United...more

Wiley Rein LLP

Commerce, State Departments Restrict Exports to Nicaragua, Citing Human Rights Abuses

Wiley Rein LLP on

On March 14, 2024, the U.S. Departments of Commerce and State announced rules restricting a range of exports to Nicaragua, citing the Nicaraguan government’s “campaign of repression and blatant human rights abuses.”...more

Fenwick & West LLP

U.S. Government Imposes New Export Controls and Sanctions on Russia and Belarus

Fenwick & West LLP on

On May 19, 2023, the Biden administration announced another major round of U.S. sanctions and export controls against Russia and Belarus in response to the ongoing war in Ukraine, in coordination with the G7 Leaders’ Summit...more

Fenwick & West LLP

Defense Trade Controls: State and Commerce Departments Begin 2023 with Regulatory Focus on Defense Services and Other Updates

Fenwick & West LLP on

The U.S. Department of State (State Department) and U.S. Department of Commerce (Commerce Department), have recently previewed, proposed or finalized changes to relevant trade controls. These new regulatory updates include...more

BakerHostetler

Current State of U.S. Economic Sanctions Imposed on the Russian Federation and Covered Regions of Ukraine in Response to the...

BakerHostetler on

This update includes the U.S. Department of the Treasury’s Office of Foreign Assets Control’s (OFAC) recent actions regarding the Russian seaborne oil price cap policy aimed at maintaining the supply of Russian oil to the...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2022 - Is Your Company in Compliance with US Immigration Form I-129 EAR/ITAR...

Most companies that employ non-U.S. persons in the United States are familiar with visa requirements, including completing U.S. Citizenship and Immigration Services Form I-129 – Petition for a Nonimmigrant Worker. However,...more

Pillsbury - Global Trade & Sanctions Law

New U.S. Sanctions Target Turkey’s Defense Sector

On December 14, 2020, the U.S. Department of State initiated a series of sanctions pursuant to Section 231 of the Countering America’s Adversaries Through Sanctions Act (CAATSA) that target the Turkish Presidency of Defense...more

Husch Blackwell LLP

Sudan’s Sponsor Of Terrorism Designation Officially Rescinded

Husch Blackwell LLP on

The U.S. Department of State announced that Sudan’s designation as a “State Sponsor of Terrorism” has been officially rescinded effective December 14, 2020. In October, the President notified Congress that Sudan’s designation...more

Wiley Rein LLP

Sudan No Longer Designated as State Sponsor of Terrorism, Impacting Export Restrictions

Wiley Rein LLP on

On December 14, 2020, the State Department officially rescinded Sudan’s State Sponsors of Terrorism (SST) designation, because Congress did not issue a joint resolution of disapproval. Originally on October 26, 2020,...more

ArentFox Schiff

CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

ArentFox Schiff on

The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies. As a refresher, CFIUS is the US Government’s...more

Goodwin

Hong Kong Targeted for Enhanced U.S. Export Controls

Goodwin on

On June 29, 2020, the U.S. Departments of State and Commerce announced stricter controls on exports to Hong Kong, withdrawing Hong Kong’s preferential treatment as an autonomous territory. The regulatory changes follow...more

BCLP

Commerce, State Departments Announce More Stringent Treatment of Exports to Hong Kong

BCLP on

On June 29, 2020, the US Secretary of State and the US Secretary of Commerce announced changes to US export controls in response to recent actions by China involving Hong Kong. These regulatory changes are likely not the last...more

Williams Mullen

State Dept. Adopts ITAR Amendment on Use of End-to-End Encryption in International Data...

Williams Mullen on

The State Department has adopted an important new ITAR amendment confirming that if controlled technical data is encrypted using end-to-end encryption, the transfer of such data outside the U.S. is not considered an export...more

Foley Hoag LLP - White Collar Law &...

White Collar Year in Preview: Sanctions/Export Controls Trends in 2020

This is the sixth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed enforcement by the Massachusetts Attorney General’s Office in...more

Stinson - Government Contracting Matters

New Changes to the ITAR Focus on Unclassified Technical Data And the release of “Access Information”

As part of its years-long project to update and revise the International Traffic in Arms Regulations (ITAR) and better align them with the Export Control Regulations, the Department of State (DoS) recently amended the ITAR...more

ArentFox Schiff

ITAR Defense Controls Catches Up to Modern IT, Allowing Exporters to Use Encryption to Protect Defense Technology on the Cloud

ArentFox Schiff on

The good news is that, for the most part, State resisted the temptation to do something just a little different in the ITAR regulation, so the joint Commerce-State solution works. The chart below provides a quick side-by-side...more

ArentFox Schiff

US State Department Seeks Feedback on Amorphous Human Rights Due Diligence for US Exporters of ‘Surveillance’ Items

ArentFox Schiff on

The US State Department is soliciting feedback on its draft “US Government Guidance for the Export of Hardware, Software, and Technology with Surveillance Capabilities and/or Parts/Know-How,” issued September 4, 2019 (Draft...more

Williams Mullen

ITAR and EAR Requirements Under Small Business Innovation Research (SBIR) Contracts

Williams Mullen on

Companies involved in Small Business Innovation Research (“SBIR”) and Small Business Technology Transfer (“STTR”) contracts often are subject to requirements under the International Traffic In Arms Regulations (“ITAR”) and...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Department of Commerce Solicits Comments Regarding Emerging Technologies That Are Essential to US National Security

On November 19, 2018, the Bureau of Industry and Security, U.S. Department of Commerce (BIS) published an advance notice of proposed rulemaking (ANPRM) soliciting comments on the criteria to be used to identify emerging...more

Tucker Arensberg, P.C.

Friendly Export Reminder: Know Your End-User!

Tucker Arensberg, P.C. on

When shipping defense articles or dual-use items overseas, it is important to identify the actual end-user. This task cannot simply be outsourced to a freight forwarder. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

House Committee Holds Hearing on Export Control Reform Bill

On March 14, 2018, the House Committee on Foreign Affairs held a hearing titled “Modernizing Export Controls: Protecting Cutting Edge Technology and U.S. National Security” to examine the proposed Export Control Reform Act...more

Blank Rome LLP

Navigating Violations in the Export Controls Minefield (Part 3 in a Series)

Blank Rome LLP on

In the first two parts of this series, we covered companies’ obligations under U.S. export control laws, such as the Export Administration Regulations (“EAR”) governed by the Department of Commerce, Bureau of Industry and...more

Williams Mullen

Recent ITAR Case Sends Important Message to Small/Midsized Government Contractors

Williams Mullen on

A State Department ITAR enforcement case announced last week involving a supplier of military spare parts sends a valuable message to small and mid-sized government contractors of every type. The case involves Bright Lights...more

Williams Mullen

Dealing with Violations in Export and Import Transactions

Williams Mullen on

You are the general counsel or CEO of your company. Your compliance manager comes into your office and tells you that he/she may have discovered an export violation within the company. Or perhaps you have received a directed...more

Pillsbury - Global Trade & Sanctions Law

Redefining U.S. Export Controls: Takeaways from Key Changes Effective September 1st

On September 1, 2016 new rules previously published by the U.S. Department of Commerce, Bureau of Industry and Security (BIS) and the U.S. Department of State, Directorate of Defense Trade Controls (DDTC) will become...more

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