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K&L Gates LLP

AUKUS Series—Part 1: What is AUKUS?

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On 15 September 2021, Australia, the United Kingdom (UK), and the United States (US) (each a member State) announced AUKUS as a new security partnership that will promote a free and open Indo-Pacific that is secure and...more

Fenwick & West LLP

Commerce Department Expands Export Jurisdiction for Foreign-Made Items to Iran: Foreign Direct Product Rule Update

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On July 24, 2024, the Commerce Department’s Bureau of Industry and Security (BIS) announced amendments to the U.S. Export Administration Regulations (EAR), expanding the reach of U.S. export jurisdiction over certain...more

Holland & Knight LLP

Commerce Department: Final Determination of Russia-Backed Cybersecurity, Antivirus Software

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The U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS) within the Bureau of Industry and Security (BIS) issued a Final Determination on June 20, 2024, pursuant to Executive...more

K2 Integrity

Sanctions Against Russia: U.S. Increases Secondary Sanctions Risks for Foreign Financial Institutions, Expands Sanctions and...

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On 12 June 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued new measures to further isolate Russia’s...more

Fenwick & West LLP

Bipartisan Group Introduces Legislation to Control Exports of AI Systems

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Overseas Critical Exports (ENFORCE) Act—a bill to expand the authority of the Bureau of Industry and Security (BIS) to control the export of artificial intelligence (AI) systems and other emerging technology with national...more

Sheppard Mullin Richter & Hampton LLP

China to Implement Export Controls on Aerospace Technology, Software, and Equipment

中国将对航空航天领域的技术、软件和设备实施出口管制措施 On May 30, 2024, the Ministry of Commerce of China (the “Ministry of Commerce”), the General Administration of Customs of China, and the Equipment Development Department of the Central Military...more

Fenwick & West LLP

Latest Updates in Trade Controls for the Tech Sector

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Melissa Duffy and Trevor Coval contributed their thought leadership to the American Conference Institute’s 14th Annual Global Encryption, Cloud & Cyber Export Controls Conference, held in San Francisco on May 14-16. Melissa...more

Torres Trade Law, PLLC

Persistent Errors in the Export Classification of Software Products

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Many companies, particularly Software-as-a-Service (“SaaS”) and start-up companies, continue to struggle with the concept of export control classification of items with encryption functionality. This ongoing confusion is...more

Dechert LLP

New Year's Resolution: Tackling Russian Sanctions Evasion

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Throughout December, the United States, European Union, and United Kingdom adopted a series of new sanctions packages against Russia that are expansive and multilayered and pose additional compliance challenges. The new...more

Sheppard Mullin Richter & Hampton LLP

China Semiconductor Export Regulations, Episode III – What a Difference a Year Makes

On Tuesday, October 17, 2023, the U.S. Bureau of Industry and Security (BIS) released a package of three rules (the 2023 Rules) targeting the Chinese semiconductor industry. The rules update the substantial semiconductor...more

Whitcomb Selinsky, PC

Understanding Export Controls Regulated by the DDTC and BIS

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Export controls within the United States are responsive to national security imperatives and foreign policy objectives. They are mainly controlled by the Department of State’s Directorate of Defense Trade Controls (DDTC) and...more

The Volkov Law Group

Microsoft Pays OFAC and BIS Over $3.3 Million for Violations of Multiple Sanctions Programs (Part I of II)

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OFAC announced only one settlement in the first three months of 2023.  Given its ongoing role in the implementation and enforcement of Russia Sanctions, OFAC’s enforcement record so far is completely understandable.  The...more

Dorsey & Whitney LLP

Biden Administration Restricts U.S. Exports of Advanced Computing and Semiconductor Manufacturing Equipment, Software, and...

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On October 7, 2022, the Biden Administration announced new restrictions on exports to China of advanced integrated circuits (“ICs”), computers and components containing advanced ICs, semiconductor manufacturing equipment, and...more

Morgan Lewis

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

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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

Dorsey & Whitney LLP

United States Imposes More Sanctions to Block Russian Access to U.S. Banking System and U.S. Goods, Technology or Software

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On February 24, 25 and 28, the United States broadened its economic sanctions against Russia in response to its full-scale military invasion of Ukraine. As the Biden Administration had promised in recent weeks, in close...more

Dorsey & Whitney LLP

BIS Considers Export Controls on Neurotechnology and Adds New Controls on Genetic Sequencing Software and Intrusion Software

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The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) has said it is contemplating new export controls on certain neurotechnology items and has adopted new controls on genetic sequencing software and...more

Morrison & Foerster LLP

BIS Releases Interim Final Rule on Export Controls for Cybersecurity Items

After several years of foreign and domestic negotiations surrounding controls on intrusion software, the U.S. Department of Commerce’s Bureau of Industry & Security (BIS) published an interim final rule on October 21, 2021,...more

Williams Mullen

Company Incurs $6 Million Penalty for Export of Controlled Software and Technical Data

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A recent export enforcement case describes a common compliance challenge faced by many U.S. companies. In this case, a California company manufactured electronic test and measurement equipment for both commercial and...more

Bass, Berry & Sims PLC

Export Enforcement Update: The Importance of Commodity Classification

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On August 3, 2021, the U.S. State Department Directorate of Defense Trade Controls (DDTC) issued an order laying out charges and imposing a monetary penalty of $6.6 million on Keysight Technologies, a U.S. technology and...more

Husch Blackwell LLP

After 9th Circuit Mandate BIS Formally Assumes Jurisdiction Over 3D Printed Firearms Technology And Software

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On January 23, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of State issued two final rules, available here and here. The final rules outlined the removal of...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & Policy Newsletter - June 2021

1. Recent Enforcement: Even Companies That Invest in Compliance Pay Penalties- Since our April enforcement roundup, the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) in the Department...more

Hogan Lovells

New UK guidance on controlled technology transfers

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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

Bass, Berry & Sims PLC

Princeton Penalized for Alleged Research-Related Export Violations

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On February 1, the U.S. Commerce Department, Bureau of Industry & Security (BIS), announced a settlement (available here) with Princeton University in connection with 37 alleged violations of the Export Administration...more

Oberheiden P.C.

When Do U.S. Companies and Institutions Need to Be Concerned about National Security?

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In today’s world, companies in various industries are increasingly running into issues that have national security implications. Research universities and other academic institutions can face issues involving national...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

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