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
On October 18, 2021, the U.S. Treasury Department released a long awaited report on its first of its kind “top to bottom” review of U.S. economic and financial sanctions. The report does not make or recommend any immediate or...more
- 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
- Recent actions by the U.S. government and NGOs have intensified international focus on labor conditions in China’s Xinjiang Uyghur Autonomous Region (XUAR) and companies that allegedly source materials and labor from the...more
The new coronavirus, SARS-CoV-2, and the disease it causes, COVID-19, have created diverse, complex, and immediate challenges for world governments, multinational businesses, and other international institutions and projects....more
3/10/2020
/ Airports ,
Coronavirus/COVID-19 ,
Economic Sanctions ,
Exports ,
Federal Funding ,
Health and Safety ,
Imports ,
Infectious Diseases ,
Manufacturers ,
Medical Supplies ,
Multinationals ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Public Health ,
Risk Assessment ,
Supply Chain ,
Trade Relations ,
Travel Restrictions ,
Travelers
- On February 18, 2020, OFAC designated Rosneft Trading, S.A. (Rosneft Trading), a subsidiary of Russia-based Open Joint-Stock Company Rosneft Oil Company (Rosneft Oil Company), and its president, Didier Casimiro, on the SDN...more
2/21/2020
/ Blocked Person ,
Crude Oil ,
Economic Sanctions ,
Energy Sector ,
Export Controls ,
Exports ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
SDN List ,
Venezuela
• 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
• 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
• 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
• As of November 5, 2018, the United States concluded the second of two wind-down periods for re-imposition of U.S. sanctions on Iran following the May 8, 2018, announcement that the United States would cease participation in...more
11/27/2018
/ Aircraft ,
Blocking Statutes ,
Cross-Border Transactions ,
Economic Sanctions ,
EU ,
Exports ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
General Licenses ,
Goods or Services ,
Humanitarian Assistance ,
Imports ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Popular ,
SDN List ,
Special Purpose Vehicles ,
SWIFT ,
Trade Policy ,
Trump Administration ,
Vessels
• The U.S. government has withdrawn from the Iran Nuclear Deal and reverted sanctions to the status quo ante by re-imposing secondary sanctions that restrict non-U.S. persons from engaging in a broad range of business in...more
5/10/2018
/ Controlled Foreign Corporations ,
Economic Sanctions ,
Exports ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
General Licenses ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trade Policy ,
Trump Administration
Based on certain State Department findings, effective October 12, 2017, long-standing U.S. sanctions on the Republic of Sudan administered by OFAC under the Sudan Sanctions Regulations will be terminated, and U.S. persons...more
10/13/2017
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Commodities ,
Department of Defense (DOD) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Secretary of State ,
Sudan ,
Trade Restrictions ,
Trump Administration ,
TSRA
ANTICORRUPTION DEVELOPMENTS -
Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action -
On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more
10/10/2017
/ Anti-Corruption ,
Bribery ,
CFIUS ,
China ,
Consent Agreements ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
ITAR ,
NCAA ,
North Korea ,
Regulatory Burden ,
Retailers ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Suspensions & Debarments ,
Trump Administration ,
U.S. Customs ,
UK ,
Whistleblowers
ANTICORRUPTION DEVELOPMENTS -
Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action -
On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more
10/10/2017
/ Anti-Corruption ,
Bribery ,
CFIUS ,
China ,
Consent Agreements ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
ITAR ,
NCAA ,
North Korea ,
Regulatory Burden ,
Retailers ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Suspensions & Debarments ,
Trump Administration ,
U.S. Customs ,
UK ,
Whistleblowers
ANTICORRUPTION DEVELOPMENTS -
Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action -
On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical...more
10/4/2017
/ Anti-Corruption ,
Bribery ,
CFIUS ,
China ,
Consent Agreements ,
Corruption ,
Criminal Conspiracy ,
Criminal Convictions ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
ITAR ,
NCAA ,
North Korea ,
Regulatory Burden ,
Retailers ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Suspensions & Debarments ,
Trump Administration ,
U.S. Customs ,
UK ,
Whistleblowers
ANTICORRUPTION DEVELOPMENTS -
MTS Receives DOJ and SEC Declination Letters Concluding FCPA Investigations -
On August 7, 2017, MTS Systems (MTS), a Minnesota based maker of test systems and industrial position...more
9/2/2017
/ Africa ,
Anti-Corruption ,
Appeals ,
China ,
Civil Liability ,
Compelled Testimony ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
Executive Orders ,
Exports ,
Financial Conduct Authority (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Freight Forwarding ,
Guilty Pleas ,
Hong Kong ,
IPSA ,
Iran Sanctions ,
Libor ,
New Legislation ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Payment Processors ,
Russia ,
Sanction Violations ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Singapore ,
South Africa ,
Trump Administration ,
Venezuela ,
Whistleblowers
On August 2, 2017, President Trump signed into law the Countering America’s Adversaries Through Sanctions Act of 2017 (Pub. Law. No. 115-44, H.R. 3364) (the “Act”), which significantly expands economic sanctions against...more
8/9/2017
/ Anti-Corruption ,
Anti-Terrorism Financing ,
Arms Embargo ,
Congressional Override ,
Cyber Sanctions ,
Economic Sanctions ,
Executive Orders ,
Exports ,
Foreign Financial Institutions (FFI) ,
Foreign Relations ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
North Korea ,
Oil & Gas ,
Pipelines ,
Privatization ,
Russia ,
SDN List ,
SSI List ,
State-Owned Enterprises ,
Syria ,
Trade Restrictions ,
Trump Administration
ANTICORRUPTION DEVELOPMENTS -
Linde Group Receives DOJ Declination Pursuant to FCPA Pilot Program -
On June 16, 2017, German based chemical and gas company Linde Group’s American affiliates, Linde North America Inc....more
7/4/2017
/ AIG ,
Anti-Corruption ,
Bribery ,
Civil Monetary Penalty ,
Compliance ,
Corruption ,
Criminal Penalties ,
Cuba ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Disgorgement ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
Fédération Internationale de Football Association (FIFA) ,
Fines ,
Foreign Corrupt Practices Act (FCPA) ,
Guilty Pleas ,
Iran Sanctions ,
Kokesh v SEC ,
Office of Foreign Assets Control (OFAC) ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations ,
Theft ,
Trade Secrets ,
Trump Administration ,
White Collar Crimes
ANTICORRUPTION DEVELOPMENTS –
Former Magyar Telekom Executives Settle Bribery Charges –
On April 24, 2017, the Securities and Exchange Commission (SEC) announced that two former executives of Magyar Telekom, a...more
5/10/2017
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Compliance ,
Cooperation ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Export Controls ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Investigations ,
Russia ,
White Collar Crimes
ANTICORRUPTION DEVELOPMENTS –
Former Magyar Telekom Executives Settle Bribery Charges –
On April 24, 2017, the Securities and Exchange Commission (SEC) announced that two former executives of Magyar Telekom, a...more
5/2/2017
/ Administrative Resignation ,
Bribery ,
Criminal Convictions ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Guilty Pleas ,
Illegal Activity ,
Jones Act ,
Kokesh v SEC ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Penalties ,
Red Notices ,
Sanction Violations ,
SCOTUS ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Statute of Limitations ,
Steel Industry ,
Suspensions & Debarments ,
Trade Deficit ,
Trade Expansion Act of 1962 ,
Trump Administration
Anticorruption Developments -
SEC Chairman Nominee Jay Clayton Receives Confirmation Hearing -
On March 23, 2017, SEC Chairman Nominee Jay Clayton testified before the Senate Banking Committee at his confirmation...more
4/4/2017
/ Anti-Retaliation Provisions ,
Arrest ,
Bribery ,
CFIUS ,
China ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
Federal Pilot Programs ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Investors ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Petrobras ,
Sanction Violations ,
Securities and Exchange Commission (SEC) ,
Senate Confirmation Hearings ,
Sentencing ,
Split of Authority ,
Telecommunications ,
Trump Administration ,
Ukraine ,
Whistleblowers
Acting SEC Chief Limits Subpoena Authority to Enforcement Division Acting Director -
On February 15, 2017,The Wall Street Journal reported that the acting Chair of the Securities and Exchange Commission (SEC), Michael...more
3/2/2017
/ Anti-Corruption ,
Civil Monetary Penalty ,
Compliance ,
Conflict Mineral Rules ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Rescission ,
Resource Extraction ,
Russia ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
Whistleblowers
ANTICORRUPTION DEVELOPMENTS –
DOJ Issues First-Ever Declinations Requiring Disgorgement of Profits to Resolve FCPA Violations -
On September 29, 2016, the Department of Justice (DOJ) for the first time announced...more
11/2/2016
/ Burma ,
Consent Agreements ,
Conspiracies ,
Cuba ,
Declination ,
Disgorgement ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
GlaxoSmithKline ,
Iran Sanctions ,
Myanmar ,
Suspensions & Debarments