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Export Controls Proposed Regulation

A&O Shearman

Sanctions and export controls expand further - Update

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In October, the U.S. Commerce Department unveiled new rules to tighten further a sweeping set of export controls first introduced a year previously, reducing the types of semiconductor manufacturing equipment and advanced...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Issues Proposed Regulations Prohibiting Certain US Investment in Chinese Technology Companies

The Notice of Proposed Rulemaking (NPRM or the Proposed Rule), issued by Treasury on June 21, 2024, would implement President Biden’s August 9, 2023, Executive Order on outbound investment, which addresses concerns related to...more

Pillsbury - Global Trade & Sanctions Law

State Department Proposes Exempting Australia, UK from Certain Defense Related Export Controls

On April 30, 2024, the Department of State proposed an amendment to the International Traffic in Arms Regulations (ITAR) intended to facilitate exports of defense articles, the performance of defense services, and brokering...more

Sheppard Mullin Richter & Hampton LLP

China Semiconductor Export Regulations, Episode I – Counting Your Chips Carefully

The Announcement On Friday, October 7, 2022, the U.S. Bureau of Industry and Security (BIS) released for public inspection (available ...) one hundred forty pages of regulations (which we’ll call “the Regulation” here) that...more

Bass, Berry & Sims PLC

Commerce Targets Chinese Military-Civil Fusion Program as Seven Chinese Entities Added to the Entity List

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Today, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published a final rule adding seven Chinese entities to the Entity List. The U.S. government determined these seven entities, primarily supporting...more

Sheppard Mullin Richter & Hampton LLP

Verify, Then Trust: Commerce Adds 33 Parties in China to Unverified List

On February 8, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a Final Rule amending the Export Administration Regulations to add 33 Chinese parties, to the Unverified List (UVL)...more

Sheppard Mullin Richter & Hampton LLP

Arming for a Trade War: The EU Proposes an Unprecedented Anti-Coercion Regulation

Scope of the Proposed Regulation - The Regulation would apply where a third country interferes in the legitimate sovereign choices of the Union or a Member State, by applying or threatening to apply measures affecting...more

ArentFox Schiff

CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

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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

Jones Day

CFIUS To Base Mandatory Critical Technology Reviews on Export Control Criteria

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury Department") recently issued proposed regulations that will alter and in some cases expand the scope of critical technology foreign investments subject to...more

BCLP

Exporting Under the EAR? Beware BIS Changes to Military End-Use/Military End-User Restrictions and License Exceptions

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In a burst of activity, the US Department of Commerce, Bureau of Industry and Security (BIS) issued two final rules and one proposed rule. These rules, published in the Federal Register on April 28, 2020, made a series of...more

ArentFox Schiff

CFIUS 2.0: Emerging Tech Minority Investments – Expansion of Jurisdictional Scope Remains in Limbo

ArentFox Schiff on

In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more

Dorsey & Whitney LLP

CFIUS and Its Proposed Regulations Expanding Jurisdiction - Foreign Investment in the United States will Face More National...

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The U.S. Department of the Treasury’s Office of Investment Security published proposed regulations on September 24 (“Proposed Regulations”). Under the Proposed Regulations, more foreign investment transactions will be subject...more

WilmerHale

CFIUS Publishes New Proposed Regulations

WilmerHale on

The US Department of the Treasury recently published for public comment two proposed regulations that will expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) and make substantive...more

Eversheds Sutherland (US) LLP

Expanding the National Security review of foreign investments - Long-awaited regulations provide definitions, exceptions and some...

The Committee on Foreign Investment in the United States (“CFIUS”) has now released for public comment its long awaited proposed regulations (“Proposed Regulations”) to implement the landmark Foreign Investment Risk Review...more

WilmerHale

EU and Germany Move to Further Tighten FDI Screening Process

WilmerHale on

The past two weeks have seen two major developments in relation to the screening of foreign direct investment in the European Union (“EU”) for national security or public order reasons. First, on December 10, 2018, the EU...more

BCLP

Change is Coming: China Proposes New Export Control Law (IRB No. 563)

BCLP on

Export control appears to be an overlooked area in China for years. Up until now in China, more focus was placed on the import side of international trade, which provides around one-third of the total revenue for the Chinese...more

Akin Gump Strauss Hauer & Feld LLP

DoD’s Proposed Rule Would Create Additional Risk and Burdens for Contractors Handling Export-Controlled Information

The Proposed Rule creates a procedure for DoD to release unclassified technical data subject to EAR and ITAR to “qualified contractors,” which are defined to mean qualified U.S. and Canadian contractors. The Proposed Rule...more

Beveridge & Diamond PC

EPA Proposes Revisions to Hazardous Waste Import-Export Rules

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On October 19, 2015, the United States Environmental Protection Agency (EPA) proposed significant modifications to rules governing the export and import of hazardous waste. The proposal would affect transboundary shipments...more

Williams Mullen

Proposed Amendments Provide Data Security Standard Under ITAR and EAR

Williams Mullen on

The Commerce and State Departments have issued long-awaited proposed regulations that provide data security standards for use in the transmission and storage of ITAR-controlled and EAR-controlled electronic data. If enacted...more

Wilson Sonsini Goodrich & Rosati

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

King & Spalding

Trade & Manufacturing - News of Note - July 2015

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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

Williams Mullen

Proposed ITAR Amendment Provides Important Benefit for Government Contractors

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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

Pillsbury Winthrop Shaw Pittman LLP

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

Akin Gump Strauss Hauer & Feld LLP

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

PilieroMazza PLLC

Weekly Update Newsletter - June 2015

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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

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