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CJEU Publishes Judgment Interpreting the EU’s Blocking Regulation

In December 2021, the Court of Justice of the European Union (the CJEU) published a judgment interpreting the European Union's Blocking Regulation....more

2021 U.S. Sanctions Year in Review

In January 2021, President Biden was sworn into office and for the first time in a decade, Democrats assumed control of both chambers of Congress. Notwithstanding these changes, the U.S. government has continued to rely on...more

Intrusion Preclusion: BIS Issues Long-Awaited Controls on Cybersecurity Items, Creates New License Exception

On October 21, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule (the rule) implementing expanded export controls on cybersecurity items based on the belief that these items...more

Electronics Testing Company Penalized $6.6 Million for Unauthorized Software Exports

The U.S. State Department's Directorate of Defense Trade Controls (DDTC) reached a $6.6 million settlement last week with California-based electronics testing company Keysight Technologies, Inc. for alleged illegal exports of...more

President Biden Issues Executive Order Amending Restrictions on Chinese Military and Surveillance Companies

On June 3, 2021, President Biden signed Executive Order 14032 (Addressing the Threat from Securities Investments That Finance Certain Companies of the People's Republic of China), modifying the prohibitions placed by the...more

U.S. Department of Commerce's Bureau of Industry and Security Relaxes Several Classification and Reporting Requirements for...

As of March 29, 2021, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) has implemented significant modifications to the Export Administration Regulations (EAR) that relax requirements on the...more

Take Two: Another Executive Order Addresses U.S. Personal Data Concerns by Prohibiting Business with Companies That Develop or...

On January 5, 2021, President Trump signed another executive order (EO) to address the threat to U.S. national security posed by access to personal data by the People's Republic of China and the Chinese Communist Party. This...more

U.S. Government Authorization Now Required for Certain Business with SMIC and Over 70 Additional Entities in China

As of December 18, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has added 77 new entities to the Entity List. Among the most notable additions are Semiconductor Manufacturing International...more

Export and CFIUS Implications: New Emerging Technologies Added to Export Control List

On October 5, 2020, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released a final rule adding six recently developed or developing technologies to BIS's Export Administration Regulations' (EAR)...more

As the App World Turns: Halt on Implementation of Commerce Prohibitions Regarding TikTok and WeChat

This past weekend saw a halt to the anticipated September 20 implementation of broad prohibitions published on September 18 by the U.S. Department of Commerce (Commerce) regarding TikTok and WeChat mobile applications. No...more

U.S. Department of Commerce Publishes Transactions with ByteDance and Tencent That Are Prohibited Due to National Security...

On September 18, 2020, the U.S. Department of Commerce issued two orders identifying the specific transactions related to the WeChat and TikTok mobile applications ("Orders") that are prohibited pursuant to Executive Orders...more

Further Expansion of U.S. Export Controls on Huawei and Related Entities

On August 17, 2020, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a final rule that makes three significant changes to the export licensing requirements on technology, commodities, and...more

Expansion of U.S. Export Controls on Huawei-Designed or Produced Items

Effective May 15, 2020, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued an interim final rule that further tightens export controls on Huawei Technologies Co. Ltd. of China and its 100-plus...more

License Requirements and U.S. Government Visibility into Exports to China, Russia, and Venezuela Will Increase, but Countries...

After almost a year of speculation and discussion, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) is further tightening controls on exports, reexports, and transfers in-country (collectively,...more

Artificial Intelligence Software Controlled for Export, Including to Foreign National Employees

On January 6, 2020, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released an interim final rule controlling the export of certain artificial intelligence software relating to geospatial imagery...more

Emerging Technologies to Be Controlled for Export: Comments Due December 19, 2018

On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released its advance notice of proposed rulemaking (ANPRM) to control the export of emerging technologies. Comments on the ANPRM are...more

ZTE Update: Denial of Export Privileges Suspended

The U.S. Department of Commerce lifted the denial order on Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively "ZTE"). The order was...more

ZTE Update: Order Signed but Denial of Export Privileges Still Is in Effect

Today, the U.S. Department of Commerce published the signed Superseding Order implementing the new settlement reached with Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun...more

Denial of Export Privileges Against ZTE Corporation to Be Lifted Once Order Is Signed

Today, the U.S. Department of Commerce announced that a new settlement has been reached with Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun)...more

Reminder: Mandatory Foreign Direct Investment Reports for U.S. Entities Due May 31, 2018

The deadline for submission of the U.S. Department of Commerce's Bureau of Economic Analysis (BEA) five-year benchmark survey regarding foreign direct investment in the United States is rapidly approaching.1 The survey, known...more

ZTE Corporation Sanctioned Again—Prohibitions on Transactions Involving U.S.-Origin Items Effective Immediately

On April 15, 2018, Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively "ZTE") were added to the U.S. Department of Commerce's Bureau of...more

Forms Issued for U.S. Mandatory Foreign Direct Investment Reporting

On March 5, 2018, the U.S. Department of Commerce's Bureau of Economic Analysis (BEA) issued its mandatory five-year benchmark survey to obtain data on foreign direct investment (FDI) in the United States. The survey, known...more

Mandatory Reporting for U.S. Entities in 2018 Regarding Foreign Direct Investment

In early 2018, the U.S. Department of Commerce's Bureau of Economic Analysis (BEA) will issue its mandatory five-year benchmark survey to obtain data on foreign direct investment (FDI) in the United States. The survey, known...more

Additional Documentation Requirements Take Effect for Exports and Reexports of U.S. Items to and from Hong Kong

Effective today, the U.S. Department of Commerce Bureau of Industry and Security (BIS) has implemented support documentation requirements for a significant number of commodities, technologies, and software (collectively...more

ZTE Corporation to Be Removed from Entity List as of March 29, 2017

Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively "ZTE" or "the companies") will be removed from the Department of Commerce's Bureau of...more

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