The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a historic $215,988,868 civil monetary penalty against GVA Capital Ltd. (GVA), a venture-capital firm registered in the Cayman Islands...more
6/18/2025
/ Anti-Money Laundering ,
Beneficial Owner ,
Civil Monetary Penalty ,
Due Diligence ,
Economic Sanctions ,
Financial Crimes ,
Fund Managers ,
Investment Management ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Private Equity ,
Russia ,
Sanction Violations ,
SDN List ,
U.S. Treasury ,
Ukraine ,
Venture Capital
As we wrote previously, the U.S. Department of the Treasury has issued a final rule that takes effect on December 26 that will dramatically raise the Committee on Foreign Investment in the United States (CFIUS) penalties from...more
12/30/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Canada ,
CFIUS ,
China ,
Conspiracies ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Controls ,
False Statements ,
Financial Institutions ,
Foreign Investment ,
International Trade ,
Investment ,
Iran ,
ITAR ,
Mexico ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Russia ,
Tariffs ,
Trump Administration ,
U.S. Treasury
The U.S. Commerce Department is soliciting comments on a proposed rule to prohibit importing and selling Vehicle Connectivity System hardware and software designed, developed, manufactured, or supplied by persons owned by,...more
10/11/2024
/ Boycotts ,
CFIUS ,
China ,
Connected Cars ,
Customs and Border Protection ,
Economic Sanctions ,
Export Controls ,
Hong Kong ,
Motor Vehicles ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
PRC ,
Recordkeeping Requirements ,
Red Flags Rule ,
Russia ,
Software ,
Supply Chain ,
Tariffs ,
U.S. Commerce Department ,
US Department of State ,
USTR
The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule implementing licensing requirements for these emerging technology products for export to all foreign countries. See the...more
9/20/2024
/ AUKUS ,
Australia ,
Belarus ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Emerging Technologies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Direct Product Rule ,
Foreign Governments ,
Foreign Investment ,
ITAR ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Technology ,
U.S. Treasury ,
UK ,
US Department of State
The Bureau of Industry and Security (BIS) issued new guidance to prevent the diversion of controlled items to Russia. This guidance recommends the use of the Trade Integrity Project (TIP) database, which tracks suppliers with...more
8/14/2024
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Commerce Control List ,
Directorate of Defense Trade Controls (DDTC) ,
Emerging Technologies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
Foreign Adversaries ,
Foreign Investment ,
International Trade ,
National Security ,
NCSC ,
Office of Foreign Assets Control (OFAC) ,
Real Estate Transactions ,
Russia ,
Sensitive Business Information
On June 20, the Department of Commerce’s Bureau of Industry and Security (BIS) for the first time banned a software and cybersecurity company using authority provided by June 2023’s “Protecting Americans’ Sensitive Data from...more
7/15/2024
/ Building Information Modeling (BIM) ,
Bureau of Industry and Security (BIS) ,
Critical Infrastructure Sectors ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Adversaries ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SaaS ,
Sensitive Business Information ,
Software ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On May 10, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an Interim Final Rule (IFR), effective August 8, 2024, that updates the Reporting, Procedures, and Penalties Regulations....more
6/14/2024
/ Antiboycott Requirements ,
Biden Administration ,
Blocked Entities ,
China ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Export Administration Regulations (EAR) ,
Exports ,
Interim Final Rules (IFR) ,
Israel ,
Office of Foreign Assets Control (OFAC) ,
Reporting Requirements ,
Russia ,
Section 301 ,
Self-Disclosure Requirements ,
Senate Finance Committee ,
Tariffs ,
Turkey ,
U.S. Commerce Department ,
U.S. Treasury ,
Ukraine ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA)
Ford Motor Company Agrees to $365M Settlement for Attempted Tariff Engineering Ford has agreed to settle the long-standing dispute over the tariff classification of vans imported from 2009 to 2013. At the time, Customs and...more
4/8/2024
/ Antiboycott Requirements ,
Bribery ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Connected Cars ,
Court of International Trade ,
Customs and Border Protection ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Forced Labor ,
Ford Motor ,
Foreign Corrupt Practices Act (FCPA) ,
Information and Communication Technology (ICT) ,
Office of Foreign Assets Control (OFAC) ,
Personal Data ,
SDN List ,
Section 301 ,
Tariffs ,
U.S. Treasury ,
Unfair or Deceptive Trade Practices ,
USDA ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA)
On February 24, the two-year anniversary of Russia’s invasion of Ukraine, the Biden administration issued hundreds of new Russia-related export controls and sanctions. The Office of Foreign Assets Control (OFAC) and the...more
3/7/2024
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
CAFC ,
CFIUS ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Controls ,
False Statements ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
International Trade ,
Iran ,
ITAR ,
Labeling ,
Made in the USA ,
Money Laundering ,
National Security ,
National Security Agency (NSA) ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Section 301 ,
U.S. Commerce Department ,
US Department of State ,
USTR
Teradyne, a Massachusetts-based supplier of semiconductor testing equipment, has reportedly pulled $1 billion of manufacturing equipment out of China in 2023 following export controls on advanced computing materials and...more
2/15/2024
/ Bureau of Industry and Security (BIS) ,
China ,
Cloud Computing ,
Economic Sanctions ,
Export Controls ,
IaaS ,
International Trade ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Proposed Rules ,
Semiconductors ,
Software ,
U.S. Commerce Department ,
U.S. Treasury ,
Ukraine ,
United Arab Emirates (UAE) ,
US Department of State
On December 11, the Department of Justice, the Department of Commerce’s Bureau of Industry and Security (BIS), the Department of Homeland Security, the Department of State’s Directorate of Defense Trade Controls (DDTC), and...more
1/12/2024
/ Bad Actors ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
Foreign Subsidiaries ,
Iran Sanctions ,
Nasdaq ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Supply Chain ,
Tariffs ,
U.S. Commerce Department ,
Virtual Currency
TRADE TIP OF THE MONTH: New Companies Have More Time To Report Ownership-
The Treasury Department’s Financial Crimes Enforcement Network issued a final rule in late November to delay the deadline for newly created...more
12/11/2023
/ Anti-Money Laundering ,
Beneficial Owner ,
Corporate Transparency Act ,
Cyber Crimes ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Exports ,
False Claims Act (FCA) ,
Financial Crimes ,
FinCEN ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Ransomware ,
Reporting Requirements ,
U.S. Treasury ,
Virtual Currency
1. BIS Releases Texts of New Chip Export Control Rules-
Updating and expanding on rules issued last year, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released three rules on October 27 targeting...more
11/8/2023
/ Artificial Intelligence ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Export Controls ,
Firearms ,
Hamas ,
International Trade ,
Israel ,
Joe Biden ,
National Security ,
NIST ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Semiconductors ,
Supply Chain ,
U.S. Commerce Department ,
Venezuela
1. Seagate Technology Gets Largest-Ever BIS Penalty for Sales to Huawei- Seagate Technology LLC recently incurred a $300 million civil penalty from U.S. Department of Commerce’s Bureau of Industry and Security (BIS) due to...more
10/12/2023
/ Beneficial Owner ,
Bureau of Industry and Security (BIS) ,
Corporate Transparency Act ,
Dubai ,
Economic Sanctions ,
Exports ,
FinCEN ,
Foreign Direct Product Rule ,
Foreign Entities ,
Limited Liability Company (LLC) ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Section 301 ,
Smaller Reporting Companies ,
U.S. Commerce Department ,
USTR
1. OFAC Imposes Sanctions on Russian Elites Who Were Board Members of Alpha Group-
On Aug. 11, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated four Russian individuals, Petr...more
9/7/2023
/ Boycotts ,
Build America Investment Initiative ,
Bureau of Industry and Security (BIS) ,
Buy America ,
Department of Justice (DOJ) ,
Employment Discrimination ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Corporations ,
Internal Revenue Code (IRC) ,
Lawful Permanent Residents ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Ownership Interest ,
Parent Corporation ,
Popular ,
Russia ,
SDN List ,
SpaceX ,
Suppliers ,
Virtual Currency
On Aug. 9, President Joe Biden signed an Executive Order providing the framework for investment restrictions in China (including Hong Kong and Macau). The President has tapped the Department of the Treasury to oversee a...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Coronavirus/COVID-19 ,
Executive Orders ,
Foreign Investment ,
Intelligence Services ,
Joe Biden ,
Microchip Technology ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
PRC ,
Screening Procedures ,
Section 301 ,
Semiconductors ,
Tariffs ,
Technology Sector ,
USTR
Crypto Asset Company Settles Sanctions Violations for $7.5 million-
On May 1, the U.S. Department of Foreign Assets Control (OFAC) announced a $7.5 million settlement with crypto asset company Poloniex LLC for 65,942 apparent...more
6/14/2023
/ Books & Records ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Workers ,
Form I-9 ,
Human Resources Professionals ,
International Emergency Economic Powers Act (IEEPA) ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Tariffs ,
USTR
In response to entreaties by allies at the Group of Seven (G7) summit recently held in Japan, on May 19, 2023, the U.S. Department of Commerce and the Department of the Treasury jointly announced new restrictions on trade...more
5/30/2023
/ Bureau of Industry and Security (BIS) ,
Construction Industry ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Exports ,
Foreign Policy ,
Foreign Relations ,
Manufacturers ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
Trading Policies ,
Transportation Industry
1. Recent Enforcement Includes Largest Standalone BIS Penalty-
•Sale of foreign goods made with U.S. technology triggers largest standalone penalty On April 19, the Bureau of Industry and Security (BIS) issued a record $300...more
5/5/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Code of Conduct ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
General Motors ,
Huawei ,
Human Rights ,
Immigration and Nationality Act ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
Trade Relations ,
Voluntary Disclosure
Lowenstein Sandler’s Investment Management Group is pleased to provide you with the summaries and checklists described below.
Summaries of recent legal developments with respect to:
•SEC’s 2023 Examination Priorities-...more
4/7/2023
/ CFTC ,
Commodity Pool ,
Commodity Trading Advisors (CTAs) ,
Custody Rule ,
Cybersecurity ,
Electronic Communications ,
Employee Retirement Income Security Act (ERISA) ,
Fund Managers ,
Investment Adviser ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Proxy Voting ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
1. Late last year, the Federal Communications Commission (FCC) adopted new rules to block the importation and sale of telecommunications equipment considered unacceptably hazardous to U.S. national security. The Report and...more
1/11/2023
/ CFIUS ,
China ,
Covered Entities ,
Criminal Conspiracy ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
FCC ,
General Licenses ,
Memorandum of Understanding ,
NPRM ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Section 301 ,
Supply Chain ,
Telecommunications ,
US Department of State ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Wire Fraud
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule that significantly expands export controls on advanced computing materials and semiconductors. These controls are...more
On September 15, President Biden issued the first ever executive order (E.O.) regarding the Committee on Foreign Investment in the United States (CFIUS). While the E.O. does not change the law or regulations related to CFIUS...more
10/6/2022
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Customs and Border Protection ,
Cybersecurity ,
Department of Defense (DOD) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Federal Contractors ,
Forced Labor ,
Foreign Investment ,
Imports ,
Investigations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
U.S. Treasury ,
Uyghur Forced Labor Prevention Act (UFLPA)
On Aug. 8, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) sanctioned cryptocurrency mixer Tornado Cash for allegedly helping launder more than $7 billion worth of cryptocurrency over three years.1...more
9/29/2022
/ Cryptocurrency ,
Decentralized Finance (DeFi) ,
Declaratory Relief ,
Economic Sanctions ,
FinCEN ,
Investors ,
Money Laundering ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Statutory Authority ,
U.S. Treasury ,
Voluntary Disclosure
1. Chip Producer ‘Is Informed’ of New License Requirement via BIS Letter According to a Securities and Exchange Commission filing by NVIDIA, the largest producer of graphics processing units (GPUs), Commerce’s Bureau of...more
9/9/2022
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Department of Defense (DOD) ,
DFARS ,
FedEx ,
Global Market ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Uyghur Forced Labor Prevention Act (UFLPA)