On May 13, 2025, the Department of Commerce formally signaled its intention to rescind the Biden Administration’s Framework for Artificial Intelligence Diffusion (AI Diffusion Rule) two days before the January 2025 Interim...more
5/16/2025
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
National Security ,
New Guidance ,
Popular ,
Semiconductors ,
Trump Administration ,
U.S. Commerce Department
The Department of Justice’s (DOJ) recent announcement that it would decline to prosecute a self-reported criminal export control violation demonstrates the continuing importance of prompt, voluntary self-disclosure (VSD) and...more
5/6/2025
/ Business Entities ,
Compliance ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
National Security ,
Non-Prosecution Agreements ,
Sanction Violations ,
Self-Reporting ,
Voluntary Disclosure
On February 26, 2025, President Trump issued an executive order titled “Implementing the President’s ‘Department of Government Efficiency’ Cost Efficiency Initiative” (“EO”). The EO contemplates significant changes to federal...more
On January 13, 2025, the Department of Commerce’s Bureau of Industry and Security (“BIS”) released its export control titled “Framework for Artificial Intelligence Diffusion.” This new interim final rule creates a two-pronged...more
In the last few days of the Biden Administration, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a flurry of new, noteworthy rules targeting national security risks in the science and...more
2/6/2025
/ Artificial Intelligence ,
Biden Administration ,
Biotechnology ,
Bureau of Industry and Security (BIS) ,
Connected Cars ,
ECCNs ,
Export Controls ,
Final Rules ,
National Security ,
Regulatory Freeze ,
Semiconductors
On January 15, 2025, BIS issued an interim final rule controls targeting integrated circuits (“ICs”) fabricators. BIS is concerned that some IC designers have misrepresented the performance capabilities and intended end use...more
2/6/2025
/ Bureau of Industry and Security (BIS) ,
China ,
Due Diligence ,
Entity List ,
Export Controls ,
Final Rules ,
Interim Final Rules (IFR) ,
National Security ,
Semiconductors ,
Supply Chain ,
Technology Sector
On January 14, 2025, BIS released the final rule for Securing the Information and Communications Technology and Services Supply Chain: Connected Vehicles (Connected Vehicle Rule). The Connected Vehicle Rule prohibits imports...more
2/6/2025
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Connected Cars ,
Export Controls ,
Final Rules ,
National Security ,
Russia ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department
On January 15, 2025, BIS issued an Interim Final Rule that amends the Export Administration Regulation (EAR) to address dual use export control concerns about biotechnology. ...more
2/6/2025
/ Artificial Intelligence ,
Biotechnology ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Food and Drug Administration (FDA) ,
Interim Final Rules (IFR) ,
International Trade ,
Life Sciences ,
National Security ,
Regulatory Requirements ,
Technology Sector
On December 2, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) released its third round of export controls primarily targeting China’s attempts to create an “independent and controllable”...more
12/9/2024
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Inspections ,
Military End Use ,
Semiconductors ,
Software ,
Software Developers ,
Technology Sector ,
U.S. Commerce Department
On October 11, 2024, the U.S. Department of Defense (DoD) at long last published a final rule establishing the Cybersecurity Maturity Model Certification (CMMC) Program (the Final Rule)...more
On July 10, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released new guidance (the “July 10 Release”) outlining different types of precautionary letters (“supplier list” letters, “Project...more
7/29/2024
/ Bureau of Industry and Security (BIS) ,
China ,
Colleges ,
Compliance ,
Due Diligence ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
National Security ,
Popular ,
Russia ,
Ukraine ,
Universities
In conjunction with the Group of Seven (G7) leaders meeting in Italy earlier this month, key jurisdictions issued the latest in a series of coordinated economic restrictions on Russia in light of its invasion of Ukraine in...more
7/1/2024
/ Belarus Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Controls ,
Financial Transactions ,
Foreign Financial Institutions (FFI) ,
Foreign Trade Regulations ,
G7 ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Technology ,
UK ,
Ukraine
Medical device companies have a new regulatory pathway for exporting certain U.S.-origin medical products to Russia, Belarus, Crimea and other regions of Ukraine (i.e., the so-called Donetsk People’s Republic and Luhansk...more
5/6/2024
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Crimea ,
Entity List ,
Exceptions ,
Export Controls ,
General Licenses ,
Medical Devices ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Regulatory Requirements ,
Russia ,
TSRA ,
Ukraine
On March 6, 2024, the U.S. Departments of the Treasury, Commerce, and Justice jointly issued a Tri-Seal Compliance Note titled “Obligations of Foreign-Based Persons to Comply with U.S. Sanctions and Export Control Laws”...more
A new Biden Administration proposal would provide a path for federal agencies to cite high prices as a reason for giving alternative producers rights to make products covered by federally funded inventions.
On December...more
Companies considered to be “major” or “significant” US federal government contractors soon may be required to provide climate disclosures as part of the Biden Administration’s suite of policies designed to achieve net-zero...more
12/13/2022
/ Biden Administration ,
Climate Change ,
Comment Period ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Greenhouse Gas Emissions ,
Net Zero ,
Proposed Rules ,
Public Disclosure ,
System For Award Management (SAM) ,
Task Force on Climate-related Financial Disclosures (TCFD)
On August 19, 2022, the Office of Federal Contract Compliance Programs (OFCCP) within the US Department of Labor published a notice in the Federal Register alerting federal contractors that the agency had received a Freedom...more
Federal supply and service contractors and subcontractors that have 50 or more employees and one or more federal contracts or subcontracts of $50,000 or more (“Covered Contractors”) are required to have in place (within 120...more
The US Department of Justice (DOJ) recently announced plans to use the False Claims Act (FCA) to pursue cybersecurity-related fraud by government contractors, subcontractors and grant recipients, including for providing...more
10/14/2021
/ Compliance ,
Cyber Crimes ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Protection ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Subcontractors
On September 24, pursuant to President Biden’s September 9 Executive Order, the Safer Federal Workforce Task Force published its anticipated guidance regarding the vaccination mandate and COVID-19 safety requirements for...more
10/1/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Certification Requirements ,
Coronavirus/COVID-19 ,
Covered Employer ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Masks ,
OSHA ,
Safety Precautions ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On Wednesday, May 12, 2021, President Biden issued an ambitious and sweeping Executive Order focused on combating digital threats to US networks and infrastructure. The Executive Order on Improving the Nation’s Cybersecurity...more
5/17/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Federal Contractors ,
Information Technology ,
National Security ,
NIST ,
OMB ,
Supply Chain
A new rule effective March 22, 2021 establishes a process for the US Department of Commerce to review commercial transactions between US and foreign parties for certain information and communications technology and services...more
3/23/2021
/ Biden Administration ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border ,
Cuba ,
Foreign Adversaries ,
Hong Kong ,
Interim Final Rules (IFR) ,
Iran ,
Licensing Rules ,
National Security ,
North Korea ,
Russia ,
Safe Harbors ,
Supply Chain ,
Technology ,
Telecommunications ,
U.S. Commerce Department ,
Venezuela
Shortly after taking office, the Biden Administration unveiled what it called a “comprehensive,” “coordinated” and “aggressive” National Strategy to confront the COVID-19 pandemic. As a key component of this approach, the...more
On President Biden’s first two days in office, he issued a National Strategy for the COVID-19 Response and Pandemic Preparedness and 11 related Executive Orders, including an Executive Order on a Sustainable Public Health...more
1/28/2021
/ Biden Administration ,
CARES Act ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Federal Contractors ,
FEMA ,
Manufacturers ,
Pharmaceutical Distribution ,
Prescription Drugs ,
Price Gouging ,
Public Health Emergency ,
Suppliers ,
Supply Chain
As a result of an Executive Order issued by President Biden on January 20, 2021, federal contractors should expect new PPE requirements and possible facility access or capacity restrictions due to social distancing guidelines...more
1/26/2021
/ Biden Administration ,
CARES Act ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Executive Orders ,
Federal Contractors ,
Federal Land ,
Masks ,
Personal Protective Equipment ,
Public Health Emergency ,
Social Distancing ,
Workplace Safety