News & Analysis as of

Exports Dual Use Goods

ArentFox Schiff

Wow AUKUS is for Real! Exports to Australia and UK Just Got Way Easier

ArentFox Schiff on

The US Government just placed Australia and the United Kingdom (UK) in nearly the same position as Canada for dual-use exports under the Export Administration Regulations (EAR) and is poised to go even further with a proposed...more

The Volkov Law Group

New BIS Rule Implementing AUKUS Effectuates Sweeping Changes to Dual Use Export Controls

The Volkov Law Group on

On April 19, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published an interim final rule (“IFR”) that officially codifies certain changes to the Export Administration Regulations (“EAR”)...more

White & Case LLP

New dual-use export control and outbound investment approach as part of the EU's Economic Security Strategy

White & Case LLP on

Continuing the work from the Joint Communication on a European Economic Security Strategy published in June 2023, the European Commission unveiled a comprehensive package with five proposed initiatives to strengthen the EU's...more

The Volkov Law Group

U.S. and International Partners Unveil New Code of Conduct Respecting Human Rights Concerns in Relation to Export Control Measures

The Volkov Law Group on

On March 30, 2023, the United States Department of State announced the adoption—in conjunction with a host of international partners—of a specific Code of Conduct related to human rights considerations in the context of...more

Morgan Lewis

Congress Considers Legislation to Shift Export Control Jurisdiction from the Department of Commerce

Morgan Lewis on

Based on consistent comments by the US Congress, think tanks, and the US-China Economic and Security Review Commission, several members of Congress proposed legislation to shift jurisdiction for export controls from Commerce...more

Hogan Lovells

The UK’s Department for International Trade publish export control enforcement data for 2021

Hogan Lovells on

Between March and November 2021 HMRC issued compound penalties in respect of unlicensed exports of dual use goods, military goods and related activity controlled by the Export Control Order 2008 with settlements totalling...more

Hogan Lovells

Recast Dual-Use Regulation: An Overhaul of the EU export control regime fitted for the XXI century?

Hogan Lovells on

After journey of over four years, the EU adopted Regulation (EU) 2021/821, recasting the Dual-Use Regulation. The new rules will enter into force on 9 September 2021 and will entail stricter catch-all controls on non-listed...more

Hogan Lovells

The EU and UK adopt additional comprehensive sanctions on Belarus

Hogan Lovells on

The European Union and the United Kingdom have each significantly expanded the scope of their sanctions against Belarus in response to the forced Ryanair aircraft landing in May. The new measures adopted target a significant...more

A&O Shearman

Dual-use items: new EU regulation tightens export rules

A&O Shearman on

The European Union (EU) has created a new regulation for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. ...more

Akin Gump Strauss Hauer & Feld LLP

The Recast Dual Use Regulation – A Missed Opportunity

Key Points - On 11 June 2021 the European Union (the “EU”) published Regulation (EU) 2021/821 (the “Recast Regulation”) in its Official Journal, which marked the final step with respect to modernizing its existing dual use...more

Hogan Lovells

New UK guidance on controlled technology transfers

Hogan Lovells on

On 22 March 2021, the UK Government published new official guidance on exporting military or dual-use technology.The guidance provides that controlled software and technology is generally subject to an export licence...more

Hogan Lovells

China makes key changes to Draft Export Control Law and seeks comments

Hogan Lovells on

Two years after the release of the first draft of the Chinese Export Control Law (the Law) in 2017 (the 2017 Draft), on 28 December 2019, a revised draft was published on the website of the National People's Congress for...more

Society of Corporate Compliance and Ethics...

Indictment for export of dual-use item to Libya

Report on Supply Chain Compliance 2, no. 21 (November 7, 2019) - The U.S. Department of Justice indicted Peter Soti for alleged violations of the International Emergency Economic Powers Act and the Export Administration...more

Hogan Lovells

EU trade controls rules on the move – What you need to know on classification changes and the upcoming modernisation of the EU...

Hogan Lovells on

The EU regime for controlling the exports from the EU of products and/or technology that can be used for both civil and military purposes (dual-use items) is now 10 years old. As a result of the changes in technology and...more

Hogan Lovells

The European Commission sets out its expectations on internal compliance programs for dual-use controls

Hogan Lovells on

Compliance with export control laws is one of the main challenges of a compliance department. Yet significant personal risks for management have put the topic high on the agenda of legal/compliance departments. ...more

Akin Gump Strauss Hauer & Feld LLP

EU Trade Update: Council Issues Negotiating Mandate for Recast Dual Use Regulation

• On June 5, 2019, the European Union (EU) took a step forward with respect to modernizing its existing dual use legislation under Council Regulation (EC) No 428/2009 (the “EU Dual Use Regulation”), with the European Council...more

Skadden, Arps, Slate, Meagher & Flom LLP

Tightened Restrictions on Technology Transfer Under the Export Control Reform Act

On August 13, 2018, President Donald Trump signed into law the John S. McCain National Defense Authorization Act (NDAA) for fiscal year 2019. A key focus of legislation contained in the NDAA is to protect U.S. technological...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Imposes New Sanctions in Response to the Skripal Assassination Attempt

On August 27, 2018, the U.S. Department of State implemented the first tranche of new sanctions on Russia under the Chemical and Biological Weapons Control and Warfare Elimination Act (the CBW Act). The enactment of these...more

Kelley Drye & Warren LLP

Preparing for the Worst:  Licenses Needed for UK Export of Dual Use Items

It has always been a possibility that the United Kingdom would crash out of the European Union on 30 March 2019 but “no deal” preparation is now highly recommended by both sides. For organisations that export dual use items,...more

Dechert LLP

Mergers and Takeovers: UK Strengthens National Security Scrutiny

Dechert LLP on

The UK government has widened the circumstances in which it may block mergers and takeovers of businesses in the military, dual-use, computing hardware and quantum technology sectors. Further strengthening of the UK rules is...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS – U.S. Agencies Decline to Prosecute Teradata for Alleged FCPA Violations – On February 26, 2018, Teradata Corporation, an Ohio-based enterprise software database management company,...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS – U.S. Agencies Decline to Prosecute Teradata for Alleged FCPA Violations – On February 26, 2018, Teradata Corporation, an Ohio-based enterprise software database management company,...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - February 2018

ANTICORRUPTION DEVELOPMENTS – U.S. Agencies Decline to Prosecute Teradata for Alleged FCPA Violations – On February 26, 2018, Teradata Corporation, an Ohio-based enterprise software database management company,...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Implements Regulation Changes for Encryption Products, Software and Technology

On September 20, 2016, the Bureau of Industry and Security (BIS) of the U.S. Commerce Department amended the Export Administration Regulations (EAR) and the list of goods, software and technology that are controlled under the...more

Dechert LLP

Iran Sanctions: What is Prohibited or Licensable for EU Businesses?

Dechert LLP on

Despite the easing of sanctions on Iran on 16 January under the Joint Comprehensive Programme of Action (JCPOA), some prohibitions and licensing requirements continue to apply to EU businesses. These are summarised below,...more

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