Chris Chamberlain on U.S. Commerce Department

U.S. Department of Commerce Implements New Export Controls to Combat Malicious Cyber Activities

Key Points - On March 7, 2022, new U.S. export controls applicable to “cybersecurity items” took effect based on an interim final rule published by BIS on October 21, 2021 (the “Cyber Rule”). The controls under the Cyber...more

3/21/2022 / Bureau of Industry and Security (BIS) , Cybersecurity , ECCNs , Export Administration Regulations (EAR) , Export Controls , Exports , U.S. Commerce Department

US Government Clarifies, Reorganizes and Renames Descriptions of How Foreign-Produced Items Outside the United States Are Subject...

Key Points - The U.S. Department of Commerce has reorganized and clarified the regulations describing when foreign-produced items outside the United States are and are not subject to the licensing and other obligations of...more

2/9/2022 / Bureau of Industry and Security (BIS) , Export Administration Regulations (EAR) , Export Controls , Exports , ITAR , National Security , Russia , U.S. Commerce Department

Section 232 National Security Investigation on NdFeB Permanent Magnets Initiated by Commerce

Key Points - The Department of Commerce initiated a Section 232 national security investigation into NdFeB permanent magnets, which are used in fighter aircraft, missile guidance systems, electric vehicles, wind...more

9/27/2021 / Comment Period , Government Investigations , Imports , National Security , Public Comment , Section 232 , Supply Chain , U.S. Commerce Department

Biden Administration Reviewing Comments on Interim Final ICTS Rule

Key Points - On January 19, 2021, the U.S. Commerce Department published an interim final rule (IFR) to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

2/11/2021 / Biden Administration , CFIUS , Critical Infrastructure Sectors , Foreign Adversaries , Interim Final Rules (IFR) , International Emergency Economic Powers Act (IEEPA) , National Security , Personal Data , Prohibited Transactions , Public Comment , Sensitive Personal Information , Technology Sector , U.S. Commerce Department

Commerce Department Extends Export Controls over Foreign-Made Items in Huawei’s Contract Manufacturing Supply Chain

- The U.S. Department of Commerce has published a highly complex and novel interim final rule extending the controls of the Export Administration Regulations (EAR) over foreign-made items in Huawei’s contract manufacturing...more

5/21/2020 / Bureau of Industry and Security (BIS) , Comment Period , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Foreign Direct Product Rule , Foreign Policy , General Licenses , Huawei , Interim Final Rules (IFR) , Manufacturers , National Security , Prohibited Transactions , Public Comment , Supply Chain , Technology Sector , Telecommunications , U.S. Commerce Department

BIS Announces the Elimination of License Exception CIV, Expanded Licensing Requirements on Exports to Chinese, Russian, and...

- On April 28, 2020, the Bureau of Industry and Security of the U.S. Department of Commerce announced changes to the Export Administration Regulations (EAR) through three notices published on the Federal Register. The changes...more

4/30/2020 / Bureau of Industry and Security (BIS) , Exceptions , Export Administration Regulations (EAR) , Export Controls , Exports , Final Rules , General Licenses , Licensing Rules , Military End Use , National Security , Proposed Rules , U.S. Commerce Department

Commerce Offers 15-Day Comment Period on Huawei TGL and Extends Validity Until May 15, 2020

- BIS extended until May 15, 2020, the Temporary General License authorizing certain exports, reexports, and transfers to Huawei and other listed affiliates of specific types of items that are relevant to third parties. -...more

3/13/2020 / Bureau of Industry and Security (BIS) , Comment Period , Confidential Information , Entity List , Export Controls , Exports , General Licenses , Huawei , National Security , Public Comment , Technology Sector , Time Extensions , U.S. Commerce Department

Commerce Issues Proposed Rule Implementing “Supply Chain Executive Order”

Key Points - On November 26, 2019, the U.S. Department of Commerce (“Commerce”) issued a proposed rule to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

12/4/2019 / CFIUS , Executive Orders , Foreign Acquisitions , Foreign Adversaries , Foreign Investment , Information and Communication Technology (ICT) , International Emergency Economic Powers Act (IEEPA) , National Security , Proposed Regulation , Proposed Rules , Public Comment , Supply Chain , Trump Administration , U.S. Commerce Department

Commerce Extends and Revises Temporary General License Authorizing Specified Transactions with Huawei and Its Affiliates; Adds...

• The Commerce Department’s Bureau of Industry and Security (BIS) has added 46 additional Huawei affiliates to the Entity List. The export, reexport, and transfer to these entities of commodities, software, and technology...more

8/21/2019 / Bureau of Industry and Security (BIS) , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Foreign Policy , General Licenses , Huawei , Prohibited Transactions , Software , Technology Sector , Telecommunications , U.S. Commerce Department

Commerce Announces Plan to Eliminate License Exception CIV

• The Department of Commerce has announced that it plans to eliminate License Exception CIV (civil end-users) from the Export Administration Regulations (EAR). • Businesses who use or have considered using License...more

7/18/2019 / Bureau of Industry and Security (BIS) , China , Commerce Control List , Export Administration Regulations (EAR) , Export Control Reform Act (ECRA) , Export Controls , Licensing Rules , National Security , U.S. Commerce Department

Reminder: Commerce Department Prohibitions Pertaining to Huawei Can Apply to Transactions by Non-U.S. Companies

• Since the addition of Huawei and many of its affiliates to the Entity List, there has been significant media coverage over which types of transactions involving the listed entities are, and are not, prohibited without a...more

5/29/2019 / Bureau of Industry and Security (BIS) , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Foreign Policy , General Licenses , Huawei , National Security , Prohibited Transactions , Software , Technology Sector , Telecommunications , U.S. Commerce Department

Commerce Department Issues Temporary General License Authorizing Certain Transactions with Huawei and its Designated Affiliates

• On May 20, 2019, the U.S. Department of Commerce published a 90-day Temporary General License (TGL) authorizing limited categories of exports, reexports, or transfers that are otherwise prohibited pursuant to the addition...more

5/22/2019 / Bureau of Industry and Security (BIS) , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Foreign Policy , General Licenses , Huawei , Manufacturers , National Security , Prohibited Transactions , Supply Chain , Technology Sector , Telecommunications , U.S. Commerce Department

Commerce Adds Huawei, Its Non-US Affiliates Worldwide and Others to the Entity List

• On May 16, 2019, the U.S. Department of Commerce published a final rule adding Huawei and 68 other companies, mostly its non-U.S. affiliates worldwide, to the Entity List... The rule will be officially published in the...more

5/20/2019 / Bureau of Industry and Security (BIS) , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Final Rules , Foreign Policy , General Licenses , Huawei , National Security , Technology Sector , U.S. Commerce Department

Red Notice Newsletter - Spanish

ANTICORRUPTION DEVELOPMENTS - DOJ Files Superseding Indictment in Haitian Port Corruption Plot - On October 30, 2018, the U.S. Department of Justice (DOJ) filed a superseding indictment in the District of Massachusetts...more

11/20/2018 / Adidas , Anti-Corruption , Banking Sector , Bribery , Bureau of Industry and Security (BIS) , CFIUS , College Athletes , Commerce Control List , Corporate Monitoring , Criminal Conspiracy , Criminal Convictions , Criminal Prosecution , Customs and Border Protection , Cybersecurity , Department of Justice (DOJ) , Economic Sanctions , Enforcement Actions , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Federal Pilot Programs , Financial Institutions , FinCEN , FIRRMA , Foreign Corrupt Practices Act (FCPA) , Foreign Policy , Former Employee , General Licenses , Indictments , Interim Final Rules (IFR) , Internal Controls , ITAR , JPMorgan Chase , Jurisdiction , Medical Devices , Money Laundering , National Security , NCAA , New Guidance , Office of Foreign Assets Control (OFAC) , Reporting Requirements , Sanctions , Securities and Exchange Commission (SEC) , Settlement , SFO , Shipping , Technology Sector , U.S. Commerce Department , U.S. Treasury , United States-Mexico-Canada Agreement (USMCA) , US State Departments , USML , Whistleblower Awards , Whistleblowers , Wire Fraud , World Bank

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - DOJ Files Superseding Indictment in Haitian Port Corruption Plot - On October 30, 2018, the U.S. Department of Justice (DOJ) filed a superseding indictment in the District of Massachusetts...more

11/20/2018 / Adidas , Anti-Corruption , Banking Sector , Bribery , Bureau of Industry and Security (BIS) , CFIUS , College Athletes , Commerce Control List , Corporate Monitoring , Criminal Conspiracy , Criminal Convictions , Criminal Prosecution , Customs and Border Protection , Cybersecurity , Department of Justice (DOJ) , Economic Sanctions , Enforcement Actions , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Federal Pilot Programs , Financial Institutions , FinCEN , FIRRMA , Foreign Corrupt Practices Act (FCPA) , Foreign Policy , Former Employee , General Licenses , Indictments , Interim Final Rules (IFR) , Internal Controls , ITAR , JPMorgan Chase , Jurisdiction , Medical Devices , Money Laundering , National Security , NCAA , New Guidance , Office of Foreign Assets Control (OFAC) , Reporting Requirements , Sanctions , Securities and Exchange Commission (SEC) , Settlement , SFO , Shipping , Technology Sector , U.S. Commerce Department , U.S. Treasury , United States-Mexico-Canada Agreement (USMCA) , US State Departments , USML , Whistleblower Awards , Whistleblowers , Wire Fraud , World Bank

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS - DOJ Files Superseding Indictment in Haitian Port Corruption Plot - On October 30, 2018, the U.S. Department of Justice (DOJ) filed a superseding indictment in the District of Massachusetts...more

11/20/2018 / Adidas , Anti-Corruption , Banking Sector , Bribery , Bureau of Industry and Security (BIS) , CFIUS , College Athletes , Commerce Control List , Corporate Monitoring , Criminal Conspiracy , Criminal Convictions , Criminal Prosecution , Customs and Border Protection , Cybersecurity , Department of Justice (DOJ) , Economic Sanctions , Enforcement Actions , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Federal Pilot Programs , Financial Institutions , FinCEN , FIRRMA , Foreign Corrupt Practices Act (FCPA) , Foreign Policy , Former Employee , General Licenses , Indictments , Interim Final Rules (IFR) , Internal Controls , ITAR , JPMorgan Chase , Jurisdiction , Medical Devices , Money Laundering , National Security , NCAA , New Guidance , Office of Foreign Assets Control (OFAC) , Reporting Requirements , Sanctions , Securities and Exchange Commission (SEC) , Settlement , SFO , Shipping , Technology Sector , U.S. Commerce Department , U.S. Treasury , United States-Mexico-Canada Agreement (USMCA) , US State Departments , USML , Whistleblower Awards , Whistleblowers , Wire Fraud , World Bank

Red Notice Newsletter - October 2018

ANTICORRUPTION DEVELOPMENTS - DOJ Files Superseding Indictment in Haitian Port Corruption Plot - On October 30, 2018, the U.S. Department of Justice (DOJ) filed a superseding indictment in the District of Massachusetts...more

11/5/2018 / Adidas , Anti-Corruption , Banking Sector , Bribery , Bureau of Industry and Security (BIS) , CFIUS , College Athletes , Commerce Control List , Corporate Monitoring , Criminal Conspiracy , Criminal Convictions , Criminal Prosecution , Customs and Border Protection , Cybersecurity , Department of Justice (DOJ) , Economic Sanctions , Enforcement Actions , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Federal Pilot Programs , Financial Institutions , FinCEN , FIRRMA , Foreign Corrupt Practices Act (FCPA) , Foreign Policy , Former Employee , General Licenses , Indictments , Interim Final Rules (IFR) , Internal Controls , ITAR , JPMorgan Chase , Jurisdiction , Medical Devices , Money Laundering , National Security , NCAA , New Guidance , Office of Foreign Assets Control (OFAC) , Reporting Requirements , Sanctions , Securities and Exchange Commission (SEC) , Settlement , SFO , Shipping , Technology Sector , U.S. Commerce Department , U.S. Treasury , United States-Mexico-Canada Agreement (USMCA) , US State Departments , USML , Whistleblower Awards , Whistleblowers , Wire Fraud , World Bank

Red Notice Newsletter - July 2018

ANTICORRUPTION DEVELOPMENTS - DOJ Extends FCPA Corporate Enforcement Policy to Misconduct in Mergers and Acquisitions - On July 25, 2018, in a speech to the Ninth Global Forum on Anti-Corruption Compliance in High Risk...more

8/1/2018 / Acquisitions , Anti-Corruption , Arrest , Bribery , Cooperation , Corporate Fines , Corporate Misconduct , Credit Suisse , Criminal Conspiracy , Criminal Convictions , Criminal Penalties , Customs , Customs and Border Protection , Customs Valuation , Department of Justice (DOJ) , Duty Free , Economic Sanctions , Enforcement Actions , EU , Export Administration Regulations (EAR) , Export Controls , Exports , False Claims Act (FCA) , FBI , Forced Labor , Foreign Corrupt Practices Act (FCPA) , Freight Forwarding , General Licenses , Guilty Pleas , Hiring & Firing , Imports , International Emergency Economic Powers Act (IEEPA) , Iran Sanctions , Mergers , Money Laundering , Non-Prosecution Agreements , North Korea , Office of Foreign Assets Control (OFAC) , Oil & Gas , Prejudgment Interest , Price-Fixing , Securities and Exchange Commission (SEC) , Settlement Agreements , Subpoenas , Supply Chain , Suspensions & Debarments , Termination , U.S. Commerce Department , Unfair or Deceptive Trade Practices , Venezuela , Waivers , Wire Fraud , World Bank , ZTE