1. BIS, DOJ Technology Strike Force to Investigate Disruptive Technologies On February 16, the Department of Justice (DOJ) and the Department of Commerce’s Bureau of Industry and Security (BIS) announced the creation of...more
3/9/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Buy American Act ,
CFIUS ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Digital Assets ,
Disruptive Technology ,
DOJ Strike Force ,
Export Controls ,
Huawei ,
License Renewals ,
National Security ,
OMB ,
Uyghur Forced Labor Prevention Act (UFLPA)
1. Reverse CFIUS Expected To Be Narrow and Only Forward-Looking Laura Black, a former Treasury Department official, recently discussed how companies should prepare for any potential U.S. outbound investment review process....more
2/20/2023
/ CFIUS ,
China ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Foreign Investment ,
NDAA ,
Section 301 ,
Supply Chain ,
U.S. Treasury ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA)
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
Importer Pays $3.25M Settlement in FCA Case A California importer paid $3.25 million (Law360 subscription required to view) to settle a whistleblower suit brought by a former employee of its overseas supplier under the False...more
12/6/2022
/ Arms Export Control Act ,
CFIUS ,
China ,
Customs and Border Protection ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Discrimination ,
False Claims Act (FCA) ,
Importers ,
Intent to Defraud ,
Russia ,
Section 301 ,
U.S. Commerce Department ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Whistleblowers
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)
1. FinCEN and BIS Target Financial Institutions for Export Compliance-
On June 28, the Financial Crimes Enforcement Network (FinCEN) and the Bureau of Industry and Security (BIS) issued their first joint alert urging...more
8/9/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Crypto Exchanges ,
Economic Sanctions ,
Exports ,
FinCEN ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Ransomware ,
Russia ,
Ukraine ,
USTR
Ken Fishkin talks to Doreen M. Edelman and Christian C. Contardo of the firm’s Global Trade & National Security practice, about ransomware and the risks of making payments when data is held for ransom, such as exposure to...more
On June 13, legislators released a new proposed version of the National Critical Capabilities Defense Act, which would establish an outbound investment review mechanism to protect U.S. technologies against adversaries like...more
7/13/2022
/ CFIUS ,
Chief Compliance Officers ,
China ,
Court of International Trade ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Emerging Technologies ,
Export Controls ,
International Trade ,
National Intelligence Agencies ,
Russia ,
U.S. Commerce Department ,
UK ,
USTR
1. BIS Announces Plans To End Categorizing Emerging and Foundational Tech-
On May 22, BIS announced in a proposed rule that it will end the effort to characterize specific technology as emerging or foundational for...more
6/14/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Cuba ,
Disclosure Requirements ,
EU ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Patent Protection Act ,
Russia ,
Securities and Exchange Commission (SEC) ,
UK
In late December 2021, President Joe Biden signed the Uyghur Forced Labor Prevention Act (UFLPA). The new law creates a rebuttable presumption that any goods created in whole or in part in the Xinjiang Uyghur Autonomous...more
5/11/2022
/ Belarus ,
Bitcoin Mining ,
China ,
Cryptocurrency ,
Customs and Border Protection ,
Cyber Attacks ,
False Statements ,
FBI ,
Federal Trade Commission (FTC) ,
Forced Labor ,
Joe Biden ,
Made in the USA ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Section 301 ,
Tariffs ,
Trade Relations ,
U.S. Treasury ,
Uyghur Forced Labor Prevention Act (UFLPA)
This week on “Regulatory Matters,” partner Doreen M. Edelman, chair of Lowenstein’s Global Trade & National Security group, interviews partner Kathleen A. McGee on her practice’s dual focus on White Collar Criminal Defense...more
Summaries of recent legislative and regulatory developments with respect to:
•SEC’s 2022 Examination Priorities • Proposed Amendments to Form PF Requirements-
•Proposed New Rules Applicable to Private Fund Advisers and...more
5/5/2022
/ Anti-Money Laundering ,
Beneficial Owner ,
Broker-Dealer ,
CFTC ,
Commodity Trading Advisors (CTAs) ,
CPOs ,
Cryptocurrency ,
Cybersecurity ,
Department of Labor (DOL) ,
Digital Assets ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Rule ,
Foreign Investment ,
General Data Protection Regulation (GDPR) ,
Investment Adviser ,
Investment Funds ,
NFA ,
Proxy Voting ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Threshold Requirements
1. Updates to Russia Sanctions and Export Controls-
In response to the ongoing attack on Ukraine, the U.S. government continues on a weekly basis to increase economic sanctions and export controls on Russia.
...more
4/11/2022
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Court of International Trade ,
Cryptocurrency ,
Economic Sanctions ,
Environmental Social & Governance (ESG) ,
Export Administration Regulations (EAR) ,
Export Controls ,
FCC ,
International Trade ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Supply Chain ,
Tariffs ,
U.S. Treasury
As an update to Lowenstein’s previous alert, “Notable U.S. Sanctions and Export Controls Levied Against Russia and Belarus in Response to the Ongoing Conflict in Ukraine,” below is an overview of additional, notable U.S....more
1. United States Hits Russia With Expanded Sanctions and Export Controls-
In what remains a rapidly changing environment, in the last several weeks, the U.S. government imposed significant additional sanctions on Russia,...more
3/9/2022
/ Bureau of Industry and Security (BIS) ,
CAPTA List ,
Central Bank of Russia ,
Cybersecurity ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Institutions ,
General Licenses ,
ITAR ,
Russia ,
SDN List ,
Software ,
U.S. Commerce Department ,
Ukraine
Current as of 10 a.m. ET Feb. 28, 2022-
I. Sanctions-
Beginning Feb. 21, 2022, the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) implemented a new prohibition on the direct or indirect...more
Companies doing business in or with Russia or Russian companies should carefully assess the impact of the new sanctions on their operations and activities and review their compliance procedures. This includes ensuring that...more
1. Treasury Mandates Reporting of Foreign Securities Holdings of $200M or More-
All U.S. persons (custodians and end investors) who manage $200 million or more in foreign securities for themselves or others must file a...more
2/2/2022
/ Anti-Money Laundering ,
Biotechnology ,
Bureau of Industry and Security (BIS) ,
Burma ,
CFIUS ,
Cybersecurity ,
Export Controls ,
Forced Labor ,
Foreign Securities ,
Hong Kong ,
Office of Foreign Assets Control (OFAC) ,
Policies and Procedures ,
Popular ,
Reporting Requirements ,
Russia ,
Sanctions ,
SDN List ,
Supply Chain ,
U.S. Treasury ,
Ukraine
1. New Import Ban on All Products From China’s Xinjiang Region-
In late December 2021, President Biden signed the Uyghur Forced Labor Prevention Act into law. The new legislation creates a rebuttable presumption that any...more
1/5/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Anti-Corruption ,
Arms Embargo ,
China ,
Customs and Border Protection ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
ECCNs ,
Economic Sanctions ,
Export Controls ,
Forced Labor ,
Human Rights ,
Imports ,
ITAR ,
Joe Biden ,
NIST ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sovereign Debt ,
U.S. Commerce Department ,
U.S. Treasury
1. U.S. Emerging Tech Companies Can’t Work With These Chinese Entities
On November 26, the Commerce Department’s Bureau of Industry and Security added 27 foreign organizations and individuals, including eight technology...more
12/7/2021
/ China ,
Court of International Trade ,
Emerging Technologies ,
Emerging Technology Companies ,
Entity List ,
Export Administration Regulations (EAR) ,
Exports ,
FCC ,
MOFCOM ,
Office of Foreign Assets Control (OFAC) ,
SaaS ,
Sanctions ,
Technology Sector ,
U.S. Treasury ,
USTR ,
ZTE
Premise: Nearly all companies have exposure to international trade laws when doing business. Spotting these risks early when negotiating agreements and transactions will prevent future liability and costs. So, when drafting...more
11/30/2021
/ Buy American Act ,
CFIUS ,
Environmental Social & Governance (ESG) ,
Exports ,
Foreign Investment ,
Imports ,
International Trade ,
Liability ,
Sanctions ,
Supply Chain ,
Tariffs
1. New Cybersecurity Export Controls From BIS Go Into Effect in January -
The Bureau of Industry and Security (BIS) has released an interim final rule establishing new export controls on certain cybersecurity items and...more
11/3/2021
/ Anti-Dumping Duty ,
Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Espionage ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Financial Crimes ,
FinCEN ,
National Security ,
NCSC ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Russia ,
Sanctions ,
Section 301 ,
Supply Chain ,
Technology ,
U.S. Commerce Department ,
U.S. Treasury ,
US Trade Policies ,
USTR ,
Virtual Currency