Exports Export Controls

News & Analysis as of

Trading with Cuba: Too soon to mix up the Cuba Libres?

Now that the Obama administration has loosened its restrictions on Cuba, you’re ready to sell your widgets to a Havana factory, right? Not so fast! Although you may be able to do some things in or with Cuba that you couldn’t...more

US Implements Additional Measures to Liberalize Cuba Sanctions

On September 21, 2015, the United States further amended existing regulations to implement the changes announced by President Obama on December 17, 2014 liberalizing US sanctions and export controls targeting Cuba. As a...more

Colombian Companies Face New Compliance Challenges as Nation Ascends to World Economic Stage

When OFAC added Colombian sports franchise Envigado Fútbol Club to its sanctions list in June 2014, the news conjured up echoes of past dark days of “narco fútbol,” when the tentacles of organized crime touched the country’s...more

US revises Cuba sanctions regulations to further normalize trade with Cuba

On September 18, 2015, the US Department of Treasury and US Department of Commerce released significant revisions to the US embargo on Cuba, as set out in the Cuban Assets Control Regulations (CACR) and the Export...more

Push to lift ban on crude oil exports gains momentum in Congress

Proponents of lifting the US ban on crude oil exports have made significant progress in recent weeks. The House Energy and Commerce Committee approved a bill today to lift the decades-long statutory prohibition. This follows...more

International Trade Alert: Iranian sanctions and a new Office of Financial Sanctions Implementation

Under the terms of the agreement, EU and US sanctions relief will be provided through the suspension and eventual termination of sanctions measures, beginning only if and when the International Atomic Energy Agency verifies...more

Iran Nuclear Agreement – Mixed Bag for U.S. Exporters

The Iran Nuclear Agreement provides certain opportunities for U.S. firms, but these are not as significant as many U.S. business executives had hoped. The following are highlights of the most important provisions of the Iran...more

State Sponsor of Terrorism Amendment Made to EAR Regarding Cuba

Amendment triggers change in EAR de minimis level for controlled US-origin content in foreign made products. On April 14, US President Barack Obama submitted to Congress the statutorily required report indicating the...more

U.S. Government Approves Crude Oil Swaps with Mexico While Congress Considers Repealing the Underlying Export Restrictions

On August 14, 2015, the U.S. Department of Commerce’s, Bureau of Industry and Security (BIS) indicated that it would approve a number of export license applications permitting parties in the United States to swap crude oil...more

U.S. Department of Commerce Places Severe Export Restrictions on Russian Deepwater Oil and Gas Field

On August 7, 2015, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding the Yuzhno-Kirinskoye Field, a Russian oil and gas field located in the Sea of Okhotsk, to its Entity...more

UK Export Licensing Trends

The Export Control Organisation (ECO) has released its latest set of data on export licensing. For the first time, this has been produced to be compliant with the UK Statistics Authority’s code of practice for official...more

The Baby and the Bathwater: The Department of Commerce’s Bureau of Industry and Security (BIS) Intrusion and Surveillance Software...

If you are not aware, please take note that the July 20, 2015 deadline is fast approaching for comments to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) proposed rule on the export control of certain...more

EU Customs Practice Group - June 2015

EU CUSTOMS POLICY - Union Customs Code Developments It has become clear that there are further delays in finalising the draft Union Customs Code (UCC) Implementing and Delegated Acts within the Commission, in light of a...more

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

WTO’s Ruling Against India’s Ban on U.S. Agricultural Products May Finally Open Market for American Farmers

On June 4, 2015, the World Trade Organization (WTO) Appellate Body ruled in favor of the United States and affirmed the WTO dispute settlement panel’s findings that India’s ban on various U.S. agricultural products violates...more

Attention Exporters: Passage of ‘Fast-Track’ Bill Sets the Stage for America’s Next Big Trade Deal

The Idea Behind TPA - On September 24 a rare alliance between Republicans and the Obama Administration led to passage of the ‘fast-track’ bill granting the President a 6-year renewal of Trade Promotion Authority (TPA). As a...more

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

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

U.S. Government and Fokker Appeal District Court’s Rejection of Deferred Prosecution Agreement

On June 8, attorneys for the U.S. Department of Justice (DOJ) joined Dutch aerospace company Fokker Services BV (“Fokker”) in appealing the district court’s rejection of Fokker’s deferred prosecution agreement (DPA) with the...more

Controls Coming for Intrusion & Network Surveillance Tools

The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. ...more

Export Control Laws for the General Counsel

You are the chief legal officer of a U.S. company. Your CEO walks into your office and announces that your company is about to conclude its first international sale. In addition, the company has just appointed distributors in...more

US Department of Commerce proposes licensing requirements for export and transfer of cybersecurity items

In December 2013, the Wassenaar Arrangement - a group of 41 countries including the United States - agreed to add so-called cybersecurity items to its list of controlled dual-use items. On May 20, 2015, the Department of...more

Washington Insight - May 2015

In This Issue: - Trade Promotion Authority Bill Advances - The U.S. Crude Oil Export Ban: An Outdated Relic Of The Past - Rocky Road Ahead For FY2016 Appropriations Bills - Banking Committee...more

Strict Controls Proposed on the Export of Cybersecurity Items

On May 20, 2015, the Commerce Department Bureau of Industry and Security (BIS) proposed to establish controls on the export of cybersecurity items. These items would be classified under new Export Control Classification...more

The U.S. Crude Oil Export Ban: An Outdated Relic Of The Past

The ban on the export of domestic crude oil dates back to a time when members of Congress did not have computers and Richard Nixon was president. Much has changed in the past 40 years. Today, that antiquated law is severely...more

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