On February 23, 2024, on the brink of the two-year anniversary of Russia’s invasion of Ukraine, President Biden announced additional sanctions and export controls against Russia and entities in third countries that have...more
2/26/2024
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
Russia ,
Sanctions ,
UK ,
Ukraine
Those familiar with the U.S. import and export regulations know that U.S. Customs and Border Protection (“CBP” or “Customs”) generally enforces the U.S. import regulations, while multiple executive government agencies...more
1/2/2024
/ Asset Seizure ,
Bureau of Industry and Security (BIS) ,
Census Bureau ,
Customs and Border Protection ,
DEA ,
Directorate of Defense Trade Controls (DDTC) ,
Exports ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management ,
U.S. Commerce Department
Many importers have experienced at one time or another that horrible, stomach-turning feeling that comes with the realization that merchandise they have been importing has been entered under the wrong HTS code, with the...more
On October 17, 2023, the U.S. Department of Commerce Bureau of Industry & Security (“BIS”) released three rules amending the Export Administration Regulations (“EAR”) to strengthen export controls on advanced computing...more
11/1/2023
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Licensing Rules ,
Manufacturers ,
Semiconductors ,
Technology Sector
On July 26, 2023, the Forced Labor Enforcement Task Force (“FLETF”), chaired by the Department of Homeland Security, issued updates to its Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with...more
On June 16, 2023, the U.S. Department of Commerce (“Commerce”) issued a long-awaited final rule (the “Final Rule”), effective July 17, 2023, related to the Information and Communications Technology Supply Chain. Among other...more
In the nearly eighteen months since the Russian invasion of Ukraine, many companies have had to reanalyze their export control compliance procedures, particularly with respect to countries with adversarial or strained...more
9/1/2023
/ Bureau of Industry and Security (BIS) ,
Census ,
China ,
Electronic Export Information (EEI) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Filing Requirements ,
Final Rules ,
Military End Use ,
Popular ,
Russia ,
Venezuela
Many importers will discover at some point that products they import may be subject to anti-dumping duties (“ADD”) or countervailing duties (“CVD”). With Washington’s continued aggressive approach toward unfair trade...more
In this week’s episode, host Derrick Kyle is joined by Eric Hinton, the founding Director of the Robert B. Rowling Center for Business Law and Leadership at SMU Dedman School of Law, and a former Chief Ethics & Compliance...more
In our recent article Amid TikTok Tensions, CFIUS Signals Increased Enforcement and Other Updates, we discussed updates from the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) primarily with...more
6/19/2023
/ Acquisitions ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Corporations ,
Foreign Investment ,
Investors ,
Proposed Regulation ,
Proposed Rules ,
Real Estate Investments ,
Real Estate Market ,
U.S. Treasury
On April 6, 2023, the Department of Treasury Office of Foreign Assets Control (“OFAC”) and the Department of Commerce Bureau of Industry and Security (“BIS”) announced a settlement with Microsoft Corporation (“Microsoft”) and...more
4/26/2023
/ Bureau of Industry and Security (BIS) ,
Civil Monetary Penalty ,
Compliance ,
Economic Sanctions ,
Export Controls ,
Microsoft ,
Office of Foreign Assets Control (OFAC) ,
Remedial Actions ,
Russia ,
SDN List ,
Settlement ,
Software ,
Ukraine
MENU InsightsAmid TikTok Tensions, CFIUS Signals Increased Enforcement and Other UpdatesBy: Derrick Kyle, Senior AssociateDate: 04/25/2023As TikTok CEO Shou Zi Chew was facing (often contentious) questions from members of...more
As the war in Ukraine continues, the diversion of restricted goods and technology to Russia remains a risk for exporters. The Republic of Turkey has become a primary diversion point for such restricted goods. In the summer of...more
3/10/2023
/ Bureau of Industry and Security (BIS) ,
Customs and Border Protection ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Restricted Goods ,
Russia ,
Turkey ,
Ukraine
Compliance Program Guidelines -
On December 5, 2022, the U.S. Department of State Directorate of Defense Trade Controls (“DDTC”) issued new Compliance Program Guidelines (“the Guidelines”) intended to provide an overview...more
3/6/2023
/ Arms Export Control Act ,
Best Practices ,
Compliance ,
Directorate of Defense Trade Controls (DDTC) ,
Employee Training ,
Export Controls ,
Exports ,
ITAR ,
New Guidance ,
Policies and Procedures ,
Recordkeeping Requirements ,
Reporting Requirements ,
Risk Assessment ,
Risk Management
In the aftermath of 9/11, the U.S. Government created the Department of Homeland Security to carry out a broad range of national security functions. Today, DHS is widely known for overseeing both Immigrations and Customs...more
When considering who must register under the Foreign Agents Registration Act (“FARA” or “the Act”), one normally thinks of individuals, law firms, or marketing firms, the typical kinds of agents that must register for...more
10/23/2022
/ Advisory Opinions ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Exemptions ,
Foreign Agents ,
Foreign Agents Registration Act (FARA) ,
Foreign Corporations ,
Foreign Governments ,
Foreign Nationals ,
Lobbying ,
Registration Requirement ,
Reporting Requirements
This podcast covers the important topic of U.S. Customs and Border Protection ("CBP") audits, including how CBP selects companies for audits and how importers should prepare for an audit. Anthony “Tony” Saranchak, Senior...more
Today, June 21, the Uyghur Forced Labor Prevention Act (“UFLPA”) comes into effect. It is the latest – and perhaps strongest – tool in the belt of U.S. regulatory and enforcement agencies to combat forced labor....more
6/21/2022
/ Biden Administration ,
China ,
Customs and Border Protection ,
Due Diligence ,
Forced Labor ,
Goods or Services ,
Human Rights ,
Importers ,
Imports ,
New Regulations ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
On May 23, 2022, President Joe Biden, when asked whether the United States would get involved militarily if China invaded Taiwan, answered firmly, “Yes. That’s the commitment we made.” As the world watches the war in Ukraine,...more
6/1/2022
/ Biden Administration ,
China ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Imports ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Taiwan ,
Uyghur Forced Labor Prevention Act (UFLPA)
On February 4, 2022, the House of Representatives passed the National Critical Capabilities Defense Act of 2021 (“NCCDA”) as part of the much larger America Creating Opportunities for Manufacturing, Pre-Eminence in...more
On June 9, 2021, Momentus Inc., a U.S. commercial space company offering in-space transportation and infrastructure services, as a condition to its acquisition by a foreign-owned company, entered into a National Security...more
On September 21, 2021, in a first-of-it-kind action, the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) imposed economic sanctions on SUEX OTC, S.R.O. (“SUEX”), a virtual currency exchange, for...more
10/27/2021
/ Blocked Person ,
Crypto Exchanges ,
Cyber Attacks ,
Economic Sanctions ,
Enforcement Actions ,
Financial Transactions ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Regulatory Violations ,
SDN List