Exports Export Controls

News & Analysis as of

With the New Definitions Rules from Commerce and State, Do You Need to Change Your Export Compliance Program? (IRB No. 555)

The long-awaited definitions rules have finally arrived as part of Export Control Reform. But wait, they’re not all there—the definitions, that is. While Commerce addressed essentially all of the items included in its last...more

Alert: US Government Issues Administrative Subpoena to Huawei Technologies

According to recent news reports, the US Commerce Department's Bureau of Industry and Security ("BIS") issued a subpoena in April to Huawei Technologies Co. ("Huawei"), one of the world's largest telecommunications equipment...more

Contracting Globally - Part 1: Export Administration Regulations

The potential for government contractors to grow and become successful outside of the U.S. is tremendous and should not be overlooked by small businesses. The world outside our borders is a critical marketplace that should be...more

New Commerce Department Procedure Available for U.S. Cuba License Holders – It’s a Bit Hard to Find, But if You Need It, You Need...

We all know that export regulations cannot keep up with reality. Reforms are happening very quickly, especially regarding Cuba. So, here’s a new procedure we just discovered. Perhaps it can help you if you are ever similarity...more

The Export/Immigration Dilemma: Don’t Let OSC Catch Your HR Department Unawares

On March 31, 2016, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued a carefully worded technical assistance letter addressing the complex interplay...more

DOJ Guidance on Navigating between a Rock – Export Controls – and a Hard Place – Employment Nondiscrimination

U.S. companies, particularly defense and other high-tech companies, have long faced challenges of how to comply with both the deemed export rule, which may require employment discrimination in very limited circumstances, and...more

Additional Steps to Ease U.S. Sanctions and Export Controls for Cuba prior to Obama Visit

In advance of President Obama’s highly publicized trip to Cuba, the Administration took additional steps to ease restrictions on trade and travel with Cuba. These changes to the Cuban Assets Control Regulations (CACR) and...more

Epsilon Case Highlights the Need for Sanctions Due Diligence on Resellers

As global companies begin to reenter the Iranian market, a decision issued by the U.S. District Court for the District of Columbia is an important reminder that resellers and distributors can generate liability for U.S....more

Commerce at its Best – A True Export Promotion Tool for U.S. Exporters

Trade Agreements are political hot potatoes, which as a trade attorney I always find interesting. The presidential candidates have been debating the pros and cons of trade agreements for years from a 60,000 foot level. Is the...more

"US Further Eases Sanctions Ahead of President’s Historic Trip to Cuba"

On March 15, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS) announced regulatory amendments that further eased U.S....more

US Further Liberalizes Cuba Sanctions

On March 15, 2016, in advance of the historic visit to Cuba by the President, the United States announced significant amendments to existing Cuba-related economic sanctions and export control regulations to implement the...more

U.S. Commerce Department Imposes Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On Tuesday, March 8, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment Corporation, known as ZTE, on the Entity List, along with affiliates ZTE Kangxun Telecommunications Ltd., Beijing 8-Star...more

What about Canada and Australia? Iran Sanctions changes beyond the U.S. and EU

There has been much discussion of U.S. and EU sanctions changes following Implementation Day under the Joint Comprehensive Plan of Action (“JCPOA”), but a number of countries had imposed sanctions for Iran and it is worth...more

Coating Technology Restrictions Can Trap U.S. Manufacturers, Engineering Firms, and Machine Shops

Many U.S. manufacturers are familiar with the export control restrictions that apply to the products they sell and the similar restrictions that apply to the “technology” (know how) required to develop, produce, and use those...more

"Insights Conversations: Developments in US Export Controls"

The U.S. export control system has undergone major reform in recent years, and companies have experienced both increased enforcement of export control laws and fines for violations, with more changes on the way. Skadden...more

"Key Takeaways: The Latest Developments in US Export Controls - Export Control Reform and Compliance Strategies"

On October 22, 2015, Skadden presented a webinar titled “The Latest Developments in U.S. Export Controls: Export Control Reform and Compliance Strategies.” Guest speakers were Benjamin Turkel, trade compliance counsel at...more

U.S. Files Criminal Complaint Against Individual For Alleged ITAR Violations

On November 4, 2015, the United States Attorney's Office for the Central Division of the District of Utah filed a criminal complaint against a citizen of India, Kolar Rahman Anees Ur Rahman, alleging that he violated the Arms...more

EU Control List Update

The European Commission is revising the list of dual use items subject to EU export, transit and brokering controls. This briefing summarises the main new and deleted entries, primarily concerning machine tools, avionics...more

Preparing for Implementation Day - EU Approves Regulations to Relieve Irananian Sanctions

The EU introduced several new regulations1 on 18 October ('Adoption Day') to prepare to eventually terminate Iranian sanctions measures. Adoption Day marked 90 days after the endorsement of the Joint Comprehensive Plan of...more

EPA Proposes Revisions to Hazardous Waste Import-Export Rules

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

Important Changes to Byzantine Cuban Assets Control Regulations

For over 50 years, the ability to travel to Cuba and do business or trade with Cuban nationals has been governed by a byzantine set of regulations administered by the Department of Treasury’s Office of Foreign Assets Control...more

US State Department Releases Contingent Waivers of Iran Extraterritorial Sanctions

On October 18, 2015, the day on which the Joint Comprehensive Plan of Action (“JCPOA”) became effective (“Adoption Day”), the U.S. Department of State (“State Department”) issued contingent waivers of certain extraterritorial...more

Solving the Chicken and the Egg Problem: Increasing Natural Gas Demand and Building Pipeline

Presidential candidate Jeb Bush recently laid out his vision for America’s energy future. Not coincidentally, Mr. Bush made this announcement in the heart of the Marcellus shale region. In the last decade, natural gas...more

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

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