News & Analysis as of

Export Controls

Additional Documentation Requirements Take Effect for Exports and Reexports of U.S. Items to and from Hong Kong

Effective today, the U.S. Department of Commerce Bureau of Industry and Security (BIS) has implemented support documentation requirements for a significant number of commodities, technologies, and software (collectively...more

Top international trade and export control developments in 2017 for ADG companies

by Hogan Lovells on

Aerospace, defense, and government services (ADG) companies increasingly rely on international customers and global supply chains to stay competitive in today’s global market. In the United States, ADG companies rely heavily...more

United Medical Instruments Inc. Settles Potential Civil Liability for Alleged Violations of the Iranian Transactions and Sanctions...

by Arnall Golden Gregory LLP on

On February 28, 2017, United Medical Instruments, Inc. (UMI), a California corporation, settled its potential civil liability with the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) in the amount of...more

Taking tough action: Changes to the enforcement of financial sanctions in the UK

by DLA Piper on

New legislation has given the UK Office of Financial Sanctions Implementation (OFSI) significant additional powers to impose financial penalties for breach of financial sanctions measures. Penalties of the greater of £1...more

New ITAR Rules Possible: DDTC Rulemaking Unaffected By Trump Executive Order Limiting New Regulations

by Baker Donelson on

The Deputy Assistant Secretary of State for Defense Trade Controls made clear last week that the State Department’s Directorate for Defense Trade Controls (DDTC), which is responsible for the International Traffic in Arms...more

Red Notice Newsletter - March 2017

Anticorruption Developments - SEC Chairman Nominee Jay Clayton Receives Confirmation Hearing - On March 23, 2017, SEC Chairman Nominee Jay Clayton testified before the Senate Banking Committee at his confirmation...more

U.S.-India Defense Cooperation Taken to the Next Level with Favorable Licensing Policy for Exports to India

On January 27, 2017, the Commerce Department’s Bureau of Industry and Security (BIS) recently made two significant changes to the Export Administration Regulations (EAR) concerning India that will facilitate the export of...more

Flash update: trade compliance

by DLA Piper on

This week has seen two important developments in relation to the UK and EU legal and regulatory framework governing trade with Iran and Russia: - The European Court of Justice (the ECJ) has clarified a number of points...more

Lessons from the Historic ZTE Enforcement Action

by Bass, Berry & Sims PLC on

On March 7, 2017, Chinese telecommunications company, Zhongxing Telecommunications Equipment Corp. (ZTE), signed on to three separate settlement agreements with the United States, agreeing to pay $892 million for violations...more

ZTE Settlement Highlights Broad Extraterritorial Application of U.S. Sanctions and Export Controls to Non-U.S. Companies

On March 7, U.S. authorities settled criminal and civil proceedings involving Zhongxing Telecommunications Equipment Corporation and certain of its affiliates ("ZTE"). ZTE is the largest publicly traded telecommunications...more

ZTE Pays the Price for Circumventing Sanctions and Export Controls

by Michael Volkov on

Here is a real zinger – clients sometimes do not tell their lawyers the truth. I will wait a minute while you get off the floor because I know everyone is shocked and amazed that this happens. But in the recent ZTE case,...more

ZTE Is Assessed $1.19 Billion in Penalties for Criminal and Civil Violations of Export Control and Economic Sanctions Laws and...

On March 7, 2017, the U.S. government announced that China's Zhongxing Telecommunications Equipment Corporation and its affiliate, ZTE Kangxun Telecommunications Ltd. (collectively "ZTE"), have agreed to a global settlement...more

"US Announces Record-Setting Penalties for Violations of Export Controls and Economic Sanctions"

On March 7, 2017, the United States announced that China’s Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd. and their respective affiliates (collectively, ZTE) had agreed to a record...more

Three Important Lessons to Be Learned from the $1.2 Billion ZTE Settlements

by Baker Donelson on

On March 7, we learned that Zhongxing Telecommunications Equipment Corporation (ZTE) concluded 3 settlement agreements that could result in penalties as high as $1.2 billion for its violations of U.S. sanctions and export...more

The Impact of US Export Controls on the Sale of a Manufacturing Business

by Miller Canfield on

An owner of a US business that manufactures export-controlled items (“Export Business”) nears retirement. The owner decides to sell the Export Business. In a win for the owner, the sale of the Export Business interests both...more

Private Equity and the New Trump Administration: Your Top Ten Questions Answered

by Foley & Lardner LLP on

The election of President Trump contained more than a few positive signs for Private Equity (PE) firms. Promises of a lower corporate tax environment, a ten-percent tax holiday for funds parked overseas, large infrastructure...more

Red Notice Newsletter - February 2017

Acting SEC Chief Limits Subpoena Authority to Enforcement Division Acting Director - On February 15, 2017,The Wall Street Journal reported that the acting Chair of the Securities and Exchange Commission (SEC), Michael...more

New Administration Ramps up Enforcement Efforts

by Foley & Lardner LLP on

The Trump administration has vowed to bring jobs back to the states. One of the methods it appears it’ll take advantage of is continued, aggressive enforcement of U.S. laws governing exports and international conduct....more

Continuation of ZTE General License Until March 29, 2017

On February 24, 2017, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) published a rule extending for the fourth time the temporary general license for exports, reexports (shipments from one foreign...more

Doing Business in Russia, Kazakhstan, Ukraine and Belarus

by Bennett Jones LLP on

On February 16, 2017, Bennett Jones hosted a networking lunch with the Canada Eurasia Russia Business Association to discuss recent Canadian project experience in Russia, Kazakhstan, Ukraine and Belarus. ...more

U.S. Tax Reform – Border Adjustment Proposal: Current Status, and How Your Company May Be Affected

by Hogan Lovells on

On 24 June 2016, the Republican Speaker of the U.S. House of Representatives, Paul Ryan, and House Ways and Means Chairman Kevin Brady released a sweeping "Blueprint" proposal to reform the U.S. tax code. A critical component...more

U.S. Department of Commerce Establishes Favorable Export Control Policies for India

by Ropes & Gray LLP on

On January 19, 2017, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule (the “Rule”) making two significant changes to U.S. export control policy with respect to India. First, the...more

Trump Wants to “Tweak” NAFTA

by Cozen O'Connor on

After meeting with Prime Minister Justin Trudeau in early February, President Trump said he plans to “tweak” the North American Free Trade Agreement (NAFTA) with Canada. Before this announcement, it was unclear whether the...more

Who Will Bear the Brunt of a NAFTA Renegotiation?

by Varnum LLP on

President Trump's plans to renegotiate the North American Free Trade Agreement (NAFTA) give rise to a number of questions about the future of trade between the United States, Mexico and Canada. While such a move might...more

Trade & Manufacturing - News of Note - February 2017

by King & Spalding on

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022....more

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