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 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 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
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
On June 29, 2020, the Commerce Department issued 32 Frequently Asked Questions (FAQs) concerning revision - effective as of the same date - to Part 744.21 of the Export Administration Regulations (EAR). As we discussed in a...more
7/2/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Defense Sector ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
National Security ,
Russia ,
Technology ,
U.S. Commerce Department ,
Venezuela
On May 15, 2020, the US Department of Commerce announced a rule further targeting Chinese telecommunications company Huawei and its chip-making subsidiary HiSilicon for allegedly engaging in “stepped-up efforts to undermine”...more
Yesterday, the US Department of Commerce Bureau of Industry and Security (BIS) promulgated two new rules and issued a new proposed rule:
..A new final rule that will restrict previously permissible exports to China, Russia...more
4/30/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
National Security ,
New Rules ,
Proposed Rules ,
Russia ,
U.S. Commerce Department ,
Venezuela
On November 26, the US Department of Commerce issued a long-awaited proposed rule (Proposed Rule) implementing new restrictions designed to protect the US information and communications technology and services (ICTS) supply...more
12/3/2019
/ CFIUS ,
China ,
Comment Period ,
Executive Orders ,
Huawei ,
Information and Communication Technology (ICT) ,
National Security ,
Proposed Rules ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
On May 15, 2019, President Trump issued an Executive Order (EO) declaring a national emergency and paving the way for a ban on the use of Huawei equipment and services in U.S. telecommunication networks. On the same day, the...more
5/17/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Executive Orders ,
Exports ,
General Licenses ,
Imports ,
National Security ,
Savings Clause ,
Supply Chain ,
Telecommunications ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
On August 1, 2018, the US Department of Commerce Bureau of Industry and Security (BIS) published a Federal Register notice stating that the US government had identified 44 Chinese companies as acting contrary to US national...more