News & Analysis as of

Exports Comment Period

Holland & Knight LLP

Major Export Controls Revisions and the AUKUS Trilateral Security Partnership

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The U.S. Department of Commerce and U.S. Department of State have been continuously easing restrictions on export-controlled trade between the United States, United Kingdom and Australia to foster technological innovation...more

The Volkov Law Group

BIS Publishes Proposed Revisions to EAR Addressing U.S. Person Support for “Foreign Security” and Military End Users

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On July 25, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two (2) new rules in the Federal Register that significantly expand the scope of existing “U.S. Person” prohibitions...more

Seyfarth Shaw LLP

BIS Publishes Interim Final Rule on “Standards-Related Activities"

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On July 18, 2024, the U.S. Dept. of Commerce, Bureau of Industry and Security (BIS) published a new interim final rule (the “Interim Final Rule”) entitled “Standards-Related Activities and the Export Administration...more

Torres Trade Law, PLLC

New BIS Rule Grants Australia and the UK “Nearly” the Same Treatment as Canada

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On April 19, 2024, the Department of Commerce Bureau of Industry and Security (“BIS”) published an interim final rule (“Interim Rule”), amending the Export Administration Regulations (“EAR”) to enhance cooperation and...more

BakerHostetler

Key Export Control Developments During the First Quarter of 2024

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The first quarter of 2024 saw numerous developments on the export control front. This report summarizes the key developments and provides links to the relevant Federal Register notices and/or agency announcements....more

Akerman LLP

Updated Advanced Computing and Semiconductor Manufacturing Export Controls Take Effect

Akerman LLP on

On October 17, 2023, the Commerce Department’s Bureau of Industry and Security (“BIS”) released two interim final rules (“IFRs”) that amended the Export Administration Regulations (“EAR”) to significantly expand export...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

Benesch

Export Reporting Requirements: Comment on Proposed Foreign Trade Regulation Changes Due February 14, 2022

Benesch on

The Biden Administration’s Executive Order 14017 titled “America’s Supply Chains” seeks to address supply chain disruption by strengthening domestic production in a multi-agency effort. As part of that effort, the Census...more

Holland & Knight LLP

U.S. Export-Import Bank Seeks Public Comments on Proposed Domestic Financing Program

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The Export-Import Bank of the United States (EXIM) on Dec. 23, 2021, published a notice seeking public comment on a proposed expansion of its medium- and long-term buyer financing programs to include domestic transactions....more

Holland & Knight LLP

Public Input Requested on U.S.-EU Export Control Working Group Priorities

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The U.S. Department of Commerce's Bureau of Industry and Security (BIS) recently published a Request for Public Comments regarding the newly formed Export Control Working Group of the U.S.-European Union (EU) Trade and...more

Goodwin

Commerce to Impose Long-Anticipated Export Controls on Cybersecurity Items

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In an interim final rule issued October 21, 2021, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) announced new Export Administration Regulations (EAR) controls on “cybersecurity items,” including...more

Hogan Lovells

BIS issues new rule restricting transactions involving military-intelligence end uses and end users

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On 15 January 2021, the Bureau of Industry and Security (BIS) published an interim final rule imposing new restrictions requiring licenses for transactions involving exports, reexports, or transfers, as well as certain...more

Goodwin

Commerce Department Proposes New Export Controls On Gene-Editing Software That Will Also Expand The Scope Of Mandatory CFIUS...

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On Friday, November 6, 2020, the Commerce Department’s Bureau of Industry & Security (BIS) issued a Notice of Proposed Rulemaking (NPRM) seeking public comment regarding newly-proposed controls on certain software for...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Proposes CFIUS Mandatory Filing Based on Export Licensing

- On May 21, 2020, Treasury published a Proposed Rule to align the CFIUS mandatory filing framework for transactions involving critical technologies with existing export-licensing requirements. - Under the Proposed Rule,...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Department Extends Export Controls over Foreign-Made Items in Huawei’s Contract Manufacturing Supply Chain

- The U.S. Department of Commerce has published a highly complex and novel interim final rule extending the controls of the Export Administration Regulations (EAR) over foreign-made items in Huawei’s contract manufacturing...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Offers 15-Day Comment Period on Huawei TGL and Extends Validity Until May 15, 2020

- BIS extended until May 15, 2020, the Temporary General License authorizing certain exports, reexports, and transfers to Huawei and other listed affiliates of specific types of items that are relevant to third parties. -...more

Skadden, Arps, Slate, Meagher & Flom LLP

Commerce Department Will Move Forward With More Stringent Export Controls for Certain Emerging Technologies

Through the Export Control Reform Act of 2018 (ECRA), which was enacted in August 2018, Congress directed the U.S. Department of Commerce to conduct an interagency review process to identify “emerging and foundational...more

Akin Gump Strauss Hauer & Feld LLP

BIS Publishes a Temporary Unilateral Control on a Type of Machine Learning Software for Automating Analyses of Geospatial Imagery...

Key Points - On January 6, 2020, BIS published an interim final rule to add a new worldwide (minus Canada) unilateral export control on a type of geospatial imagery software specially designed for training Deep...more

ArentFox Schiff

US Issues First Unilateral Export Control on Artificial Intelligence Software

ArentFox Schiff on

This software now requires a BIS authorization to be exported or reexported to all countries except for Canada. Companies that develop or use artificial intelligence (AI) to solve geospatial problems or in geospatial...more

Akin Gump Strauss Hauer & Feld LLP

DDTC Publishes ITAR Carve-out for Encrypted Technical Data and Software, and Further Harmonizes Definitions Common to the ITAR and...

• On December 26, 2019, DDTC published an interim final rule that would allow, under certain conditions, encrypted technical data and software that is subject to the ITAR to be sent, shipped or stored outside the United...more

Pillsbury Winthrop Shaw Pittman LLP

DOE Proposes Procedures for the Imposition of Civil Penalties for Violations of Part 810

The proposed rule issued on October 3, 2019 would update 10 CFR Part 810 to include procedures to implement the Department of Energy’s civil penalty authority. The maximum proposed penalty is $102,522 per violation, per day. ...more

Hogan Lovells

State Department signals increased focus on surveillance technology and human rights abuses

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On 4 September 2019 the U.S. State Department issued "Draft 'U.S. Government Guidance for the Export of Hardware, Software and Technology with Surveillance Capabilities and/or parts/know-how'" (draft guidance). ...more

Sheppard Mullin Richter & Hampton LLP

Comment Deadline Extended: Export Controls on Emerging Technologies

• Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below). • You may submit comments on the criteria the U.S. government will use to determine what technologies...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Gives Industry 30 Days to Provide Comments Regarding Possible Export Controls over Emerging Technologies

• The Bureau of Industry and Security published a notice yesterday seeking public comments on how it should define and identify a wide variety of emerging technologies that are not now controlled for export, but should be...more

Sheppard Mullin Richter & Hampton LLP

The Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls...

Key Takeaways: • Emerging technology sectors will soon be subject to new export controls. • Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more

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