On 2 June 2022, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) issued two final rules, effective on the same day, that revised the Export Administration Regulations (“EAR”) pertaining to the U.S.’s...more
The Office of Foreign Assets Control (“OFAC”) issued General License (“GL”) No. 22 on May 12, 2022, authorizing transactions that are ordinarily incident and necessary to activities that occur in specified, non-regime held...more
On March 31, to address rising energy prices in the U.S. and globally, the Biden administration announced a record release from the Strategic Petroleum Reserve, of roughly one million barrels per day, every day for the next...more
On February 24, 2022, the US Government imposed severe economic sanctions and export controls on Russia. The restrictions consist of two parts: 1) significant financial sanctions on a range of Russian financial institutions...more
On February 8, 2022, the Bureau of Industry and Security (“BIS”) published a Final Rule amending the Export Administration Regulations (“EAR”) to add 33 persons to the Unverified List (“UVL”) pursuant to § 744.15(c) of the...more
On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (“UFLPA”). Most notably, the UFLPA strengthens the enforcement of Section 307 of the Tariff Act of 1930 by imposing a rebuttable...more
1/7/2022
/ Biden Administration ,
Child Labor ,
Corporate Social Responsibility ,
Customs and Border Protection ,
Export Controls ,
Forced Labor ,
Goods or Services ,
Human Rights ,
Imports ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Supply Chain
The release of data to a foreign person, even within U.S. borders, is deemed by U.S. export control laws to be an export to the recipient's country of permanent residency or citizenship. The delivery of U.S. export-controlled...more
On 15 January 2021, the Bureau of Industry and Security (BIS) published an interim final rule imposing new restrictions requiring licenses for transactions involving exports, reexports, or transfers, as well as certain...more
On 18 December 2020, BIS added over 70 entities to the Entity List, including Semiconductor Manufacturing International Corporation (SMIC) of China. Most of these entities are subject to a presumption of denial for licenses...more
On 19 September 2020, China's Ministry of Commerce (MOFCOM) published the Provisions on the Unreliable Entity List (Order No.4 of 2020) (provisions), which immediately came into effect. It has been over one year since MOFCOM...more
On June 28, 2010, the Standing Committee of China's National People's Congress (NPC) reviewed the second draft of China's Export Control Law (the "Law"). Six months had passed since the Law was first reviewed by the NPC in...more
On Friday, May 22, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) announced in two separate press releases that it would be adding a number of companies and governmental entities to the Entity...more
The Commerce Department’s Bureau of Industry and Security has announced an Interim Final Rule amending the Export Administration Regulation’s General Prohibition Three, the foreign-produced direct product rule....more
5/18/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Comment Period ,
Commerce Control List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Huawei ,
Prohibited Transactions ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
On 28 April the U.S. Commerce Department, Bureau of Industry and Security published two final rules and a proposed rule amending the Export Administration Regulations that will further restrict and regulate transactions...more
As of 16 March 2020 Iran Air and a number of other entities were placed on the Bureau of Industry and Security's (BIS) Entity List.
Summary -
Companies that use Iran Air as transport, particularly companies engaging in...more
3/17/2020
/ Airlines ,
Aviation Industry ,
Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
General Licenses ,
Iran ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions
The EU has imposed restrictions on exports of certain personal protective equipment (PPE), whether originating or not in the European Union, in response to the COVID-19 outbreak....more
A deeper dive into the president's FY2021 budget request for the U.S. Department of Commerce reveals new initiatives aimed at safeguarding technology.
- The National Telecommunications and Information Administration (NTIA)...more
2/28/2020
/ 5G Network ,
Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Critical Infrastructure Sectors ,
Emerging Technologies ,
Export Controls ,
NIST ,
NTIA ,
Supply Chain ,
Telecommunications ,
Trump Administration ,
U.S. Commerce Department
On 24 February 2020 the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce published a final rule amending the Export Administration Regulations (EAR) and imposing additional export licensing...more
2/28/2020
/ Aircraft ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Relations ,
Licensing Rules ,
National Security ,
Nuclear Weapons ,
Russia ,
Software ,
U.S. Commerce Department ,
Vessels ,
Yemen
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) published an interim final rule on 6 January 2020 imposing licensing requirements on certain artificial intelligence software specially designed to...more
1/30/2020
/ Bureau of Industry and Security (BIS) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Interim Final Rules (IFR) ,
Popular ,
Rulemaking Process ,
Software ,
U.S. Commerce Department
Two years after the release of the first draft of the Chinese Export Control Law (the Law) in 2017 (the 2017 Draft), on 28 December 2019, a revised draft was published on the website of the National People's Congress for...more
1/8/2020
/ China ,
De Minimus Quantity Exemption ,
Dual Use Goods ,
End-Users ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Licensing Rules ,
Military End Use ,
Military Goods ,
Policies and Procedures ,
Trade Policy ,
Use in Commerce
On 13 December 2019 the U.S. Department of Justice's (DOJ) National Security Division (NSD) announced the release of its long-anticipated and updated Export Control and Sanction Enforcement Policy for Business Organizations...more
12/19/2019
/ Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Authority ,
Export Controls ,
FCPA Guidance ,
National Security ,
Policy Statement ,
Sanction Violations ,
Self-Reporting ,
Trade Relations ,
Willful Misconduct
On 21 October 2019 the Bureau of Industry and Security (BIS) issued a final rule amending Cuba-related provisions in the Export Administration Regulations (EAR).
The new rule further restricts exports and reexports of...more
10/25/2019
/ Aerospace ,
Aircraft Sales ,
Airlines ,
Bureau of Industry and Security (BIS) ,
Cuba ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Infrastructure ,
Licensing Rules ,
Revenue ,
Sanctions ,
Telecommunications ,
Threshold Requirements ,
Trade Relations ,
Vessels
On 7 October 2019 the U.S. Department of Commerce's Bureau of Industry and Security (BIS) expanded the Entity List, restricting certain transactions with 28 Chinese entities.
...more
10/16/2019
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Doing Business ,
ECCNs ,
Economic Sanctions ,
Educational Institutions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Entities ,
Human Rights ,
Research and Development ,
Surveillance ,
Universities
On 4 September 2019 the U.S. State Department issued "Draft 'U.S. Government Guidance for the Export of Hardware, Software and Technology with Surveillance Capabilities and/or parts/know-how'" (draft guidance).
...more
9/12/2019
/ Artificial Intelligence ,
Best Practices ,
Big Data ,
Comment Period ,
Compliance Management Systems ,
Draft Guidance ,
Drones ,
Due Diligence ,
Economic Sanctions ,
Export Controls ,
Exports ,
Facial Recognition Technology ,
Human Rights ,
Policies and Procedures ,
Social Media ,
Software Developers ,
Spyware ,
Surveillance ,
Telecommunications ,
Trump Administration ,
US State Departments
The U.S. Commerce Department's Bureau of Industry and Security (BIS) is extending the temporary general license (TGL) for Huawei until 18 November 2019, and adding additional Huawei companies to the Entity List....more