The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) has finalized significant changes to the registration fees under International Traffic in Arms Regulations (ITAR). The Arms Export Control Act...more
12/12/2024
/ Arms Export Control Act ,
Comment Period ,
Directorate of Defense Trade Controls (DDTC) ,
Export Controls ,
Filing Fees ,
Final Rules ,
ITAR ,
Licenses ,
Registration Requirement ,
Rulemaking Process ,
Statutory Authority ,
US State Departments
President-Elect Donald Trump on Nov. 25, 2024, announced his intention to impose additional 10 percent tariffs on China, as well as additional 25 percent tariffs on Mexico and Canada. He has not yet indicated which authority...more
12/5/2024
/ Canada ,
China ,
Executive Orders ,
Exports ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Mexico ,
Retaliatory Tariffs ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
Trade Retaliation ,
Trade Wars ,
Trump Administration ,
Undocumented Immigrants ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) and U.S. Department of Commerce's Bureau of Industry and Security (BIS) on Oct. 23, 2024, published a set of three rules concerning space-related...more
12/2/2024
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Defense Sector ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
National Security ,
Outer Space ,
Rulemaking Process ,
Time Extensions ,
U.S. Commerce Department ,
US State Departments
Vice President Kamala Harris on Dec. 20, 2023, convened the National Space Council to discuss U.S. leadership in space. The U.S. Department of State and U.S. Department of Commerce were subsequently tasked to "review relevant...more
11/5/2024
/ Aerospace ,
Bureau of Industry and Security (BIS) ,
Directorate of Defense Trade Controls (DDTC) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Interim Final Rules (IFR) ,
ITAR ,
Licensing Rules ,
Proposed Rules ,
U.S. Commerce Department ,
USML
In the 12th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Andrew McAllister provide insights on foreign influence, ownership or control (FOCI) mitigation...more
11/5/2024
/ Cross-Border ,
Department of Defense (DOD) ,
Electronic Communications ,
Federal Contractors ,
FOCI ,
Foreign Investment ,
Foreign Ownership ,
National Security ,
Risk Mitigation ,
Security Agreements ,
Security Clearance
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a Notice of Proposed Rulemaking (Proposed Rule) on Sept. 26, 2024, to address certain undue or unacceptable risks identified in Executive Order...more
10/8/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Comment Period ,
Compliance ,
Connected Cars ,
Executive Orders ,
Hardware ,
Imports ,
Manufacturers ,
National Security ,
NPRM ,
Prohibited Transactions ,
Proposed Rules ,
Russia ,
Self-Reporting ,
Software ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other...more
9/19/2024
/ Anti-Dumping Duty ,
Biden Administration ,
CAFTA-DR ,
Certification Requirements ,
Consumer Product Safety Commission (CPSC) ,
Countervailing Duties ,
Customs and Border Protection ,
De Minimus Doctrine ,
E-Commerce ,
Enforcement Actions ,
Forced Labor ,
Free Trade Agreements ,
Health and Safety ,
Importers ,
Imports ,
Legislative Agendas ,
NPRM ,
Popular ,
Section 201 ,
Section 232 ,
Section 301 ,
Shipping Cargo ,
Textiles ,
Unfair Competition ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
The Office of the United States Trade Representative (USTR) announced final modifications concerning the statutory review of the tariff actions in the Section 301 investigation of the People's Republic of China's (PRC) Acts,...more
9/17/2024
/ Biden Administration ,
China ,
Imports ,
NPRM ,
Section 301 ,
Supply Chain ,
Tariffs ,
Technology Sector ,
Trade Relations ,
US Trade Policies ,
USTR
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
8/29/2024
/ Amended Rules ,
Artificial Intelligence ,
Australia ,
CFIUS ,
Comment Period ,
Cybersecurity ,
Defense Sector ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Innovative Technology ,
Interim Final Rules (IFR) ,
ITAR ,
Military Goods ,
National Security ,
Proposed Rules ,
U.S. Commerce Department ,
UK ,
US State Departments
The 10th episode of "Are We All Clear? Facilitating Security Clearances" explores the mitigation of foreign ownership, control or influence (FOCI) in a cleared company. Host Molly O'Casey and International Trade attorney...more
The eighth episode of "Are We All Clear? Facilitating Security Clearances" offers an in-depth summary of the Defense Counterintelligence and Security Agency (DCSA). Host Molly O'Casey and International Trade attorney Andrew...more
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
7/1/2024
/ Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Executive Orders ,
Export Controls ,
Exports ,
Final Determinations ,
Foreign Adversaries ,
Foreign Corporations ,
Information Technology ,
International Emergency Economic Powers Act (IEEPA) ,
Kaspersky ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Software ,
Software Developers ,
Subsidiaries ,
U.S. Commerce Department
The U.S. Department of the Treasury's Office of Investment Security on June 21, 2024, issued a Notice of Proposed Rulemaking (Proposed Rule) implementing Executive Order (E.O.) 14105 that was announced on Aug. 9, 2023,...more
6/27/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
China ,
Comment Period ,
Executive Orders ,
Hong Kong ,
Macau ,
National Security ,
NPRM ,
Outbound Transactions ,
Technology Sector ,
U.S. Treasury
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations (CACR), 31 CFR Part 515, to promote internet freedom in Cuba, support independent Cuban private-sector...more
5/30/2024
/ Amended Regulation ,
Bank Accounts ,
Banking Sector ,
Biden Administration ,
Blocked Person ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Economic Development ,
Entrepreneurs ,
Financial Services Industry ,
Foreign Nationals ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Private Sector ,
SDN List
The Biden Administration announced on May 14, 2024, the completion of its review of China's trade practices under Section 301 of the Trade Act of 1974. The White House announcement maintains current tariffs on Chinese imports...more
Almost six years after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS),...more
5/13/2024
/ CFIUS ,
Covered Transactions ,
FIRRMA ,
Foreign Investment ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Penalties ,
Proposed Amendments ,
Proposed Rules ,
Request For Information ,
U.S. Treasury
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44). On Oct. 18, 2023, OFAC suspended...more
In the second episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into personnel security clearances (PCLs) with National Security, Defense, and Intelligence attorneys Andrew McAllister...more
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), U.S. Department of Commerce's Bureau of Industry and Security (BIS) and U.S. Department of Justice (DOJ) on March 6, 2024, issued a Tri-Seal...more
3/15/2024
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Extraterritoriality Rules ,
FinCEN ,
Joint Policy Statements ,
Office of Foreign Assets Control (OFAC) ,
Self-Disclosure Requirements
The Biden Administration issued the long-anticipated Executive Order (E.O.) on Aug. 9, 2023, requiring notification of, and in some cases prohibiting, U.S. investments in companies engaged in the semiconductors and...more
8/14/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
China ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Notice Requirements ,
Outbound Transactions ,
Prohibited Transactions ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) took a number of actions under the Export Administration Regulations (EAR) on May 19, 2023. Here are some of the key U.S. export control actions...more
5/25/2023
/ Belarus ,
Belarus Sanctions ,
Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
FinCEN ,
Globally Harmonized System ,
Iran ,
Military End Use ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Tariffs ,
Ukraine
Following the release of energy community bonus credit and low-income community bonus credit guidance, the U.S. Department of the Treasury and IRS recently provided taxpayers with the domestic content bonus credit guidance....more
5/18/2023
/ Energy Sector ,
Energy Storage ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
IRS ,
Made in the USA ,
Manufacturers ,
Production Tax Credit ,
Renewable Energy ,
Safe Harbors ,
Solar Energy ,
Steel Industry ,
Tax Credits ,
U.S. Treasury ,
Wind Power
Facility security clearance (FCL) sponsorship packages for U.S. government contractors currently have a rejection rate of more than 50 percent. For initial and upgrade FCL packages, there is a 70 percent rejection rate. These...more
In the past year, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce's Bureau of Industry and Security (BIS) and the U.S. Department of State's Directorate of...more
3/1/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Corporate Counsel ,
Directorate of Defense Trade Controls (DDTC) ,
Due Diligence ,
Economic Sanctions ,
Enforcement ,
Enforcement Actions ,
Enforcement Authority ,
Enforcement Statistics ,
Export Controls ,
Exports ,
International Trade ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
The U.S. Trade Representative (USTR) is accepting public comments through Jan. 17, 2023, on its four-year review of actions taken in the Section 301 investigation against China. Responses can be submitted through the USTR...more