Yesterday, after unanimous passage by the U.S. Congress, President Trump signed into law the Hong Kong Autonomy Act (“HKAA”) in retaliation against China for it's “Law on Safeguarding National Security in the Hong Kong...more
The Committee on Foreign Investment in the United States (“CFIUS”) issued a proposed rule on May 21, 2020 that would: (a) modify the scope of the mandatory filing regime for certain “critical technology” transactions by...more
Today the U.S. Commerce Department published an interim final rule to amend the so-called direct product rule of the Export Administration Regulations to target certain transfers of items tied to Huawei and Huawei entities...more
On December 13, 2019, the National Security Division (“NSD”) of the U.S. Department of Justice (“DOJ”) released a revised enforcement policy (“the Policy”) meant to encourage companies to voluntarily self-disclose potentially...more
12/23/2019
/ Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
FCPA Corporate Enforcement Policy (CEP) ,
FCPA Guidance ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Sanction Violations ,
Self-Disclosure Requirements ,
Voluntary Disclosure
The U.S. government has expanded trade sanctions against Huawei Technologies Co. Ltd. ("Huawei") to cover additional Huawei affiliates but also extended and modified a general license that authorizes otherwise forbidden...more
8/30/2019
/ Bureau of Industry and Security (BIS) ,
Cross-Border Transactions ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Telecommunications
On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security ("BIS") published a notice of proposed rulemaking requesting public comment on the U.S. government's process for identifying "emerging...more
Building on prior extensive Russia-related sanctions, the U.S. government has further sanctioned Russia by intensifying controls on exports and reexports to the country. Alone, this step is unlikely to affect major volumes of...more
Harry Clark, Ellen Murphy, Matthew Moses and Elizabeth Morgan co-authored an article for Law360 examining an advisory recently issued by the U.S. Department of State that aims to help U.S. businesses manage the risk of...more
On April 15, 2018, the U.S. Commerce Department's Bureau of Industry and Security ("BIS") imposed a "denial order" against Zhongxing Telecommunications Equipment Corporation ("ZTE Corporation") and ZTE Kangxun...more
On March 7, U.S. authorities settled criminal and civil proceedings involving Zhongxing Telecommunications Equipment Corporation and certain of its affiliates ("ZTE"). ZTE is the largest publicly traded telecommunications...more
3/17/2017
/ Bureau of Industry and Security (BIS) ,
China ,
Export Controls ,
Iran Sanctions ,
National Security ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Technology ,
Telecommunications ,
U.S. Commerce Department ,
ZTE
On February 17, the Obama Administration announced a new U.S. export control policy for military and commercial Unmanned Aerial Vehicles ("UAVs"). The policy, the details of which have not been released, reportedly includes...more
In February 2014, the U.S. government imposed a US$115,000 penalty against Intevac, Inc., for alleged export control violations. The government's enforcement action against Intevac reflects far-reaching positions on...more
As described in our April 25, 2013 International Trade & Compliance Advisory, the U.S. government is engaged in a broad export control reform initiative. On October 15, 2013, the first regulatory amendments implementing...more
Aeroflex, Inc., a U.S. producer of microelectronics devices, recently settled allegations that its exports of certain types of semiconductor devices violated the International Traffic in Arms Regulations (“ITAR”). The...more
The U.S. State and Commerce Departments have published amendments to the International Traffic in Arms Regulations (“ITAR”) and Export Administration Regulations (“EAR”) as a major step in implementing changes to export...more