The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a series of significant updates affecting export controls on advanced computing integrated circuits (ICs), artificial intelligence (AI)...more
U.S. export controls on space-related items were last significantly revised in 2014. Since then, the industry has continued to evolve towards a wider range of public-private partnerships and purely commercial activities,...more
11/4/2024
/ Bureau of Industry and Security (BIS) ,
Directorate of Defense Trade Controls (DDTC) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Interim Final Rules (IFR) ,
ITAR ,
National Security ,
Outer Space ,
Proposed Legislation ,
Software ,
Technology Sector ,
USML
The Notice of Proposed Rulemaking (NPRM or the Proposed Rule), issued by Treasury on June 21, 2024, would implement President Biden’s August 9, 2023, Executive Order on outbound investment, which addresses concerns related to...more
7/2/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Debt Financing ,
Economic Sanctions ,
Export Controls ,
Investment ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
SDN List ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
On 11 March 2024, the UK expanded its export control regime to include new controls on specific emerging technologies, such as quantum computing, semiconductor technologies and additive manufacturing, under The Export Control...more
On October 17, 2023, the Commerce Department’s Bureau of Industry and Security (BIS) released three rules amending the Export Administration Regulations (EAR) that significantly build on the October 7, 2022 semiconductor...more
10/27/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Deadlines ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Inspections ,
Manufacturers ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
Key Points -
On August 9, 2023, President Biden issued a long-anticipated Executive Order on outbound investment aimed at addressing concerns related to China’s advancement in sensitive technologies critical for military,...more
On June 23, 2023, the U.S. Department of Commerce released revisions to the original CHIPS Act Notice of Funding Opportunity (NOFO) to detail the application requirements for upstream suppliers seeking financial assistance...more
Key Points -
NIST is soliciting input from the public to inform the design and implementation of the CHIPS incentive programs and research and development investments in Manufacturing USA institutes. Comments are due to...more
- On May 21, 2020, Treasury published a Proposed Rule to align the CFIUS mandatory filing framework for transactions involving critical technologies with existing export-licensing requirements.
- Under the Proposed Rule,...more
5/26/2020
/ CFIUS ,
Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Exports ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
General Licenses ,
National Security ,
Proposed Rules ,
Public Comment ,
Technology Sector ,
U.S. Treasury
- The U.S. Department of Commerce has published a highly complex and novel interim final rule extending the controls of the Export Administration Regulations (EAR) over foreign-made items in Huawei’s contract manufacturing...more
5/21/2020
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Foreign Policy ,
General Licenses ,
Huawei ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Public Comment ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
- BIS extended until May 15, 2020, the Temporary General License authorizing certain exports, reexports, and transfers to Huawei and other listed affiliates of specific types of items that are relevant to third parties.
-...more
3/13/2020
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Confidential Information ,
Entity List ,
Export Controls ,
Exports ,
General Licenses ,
Huawei ,
National Security ,
Public Comment ,
Technology Sector ,
Time Extensions ,
U.S. Commerce Department
Key Points -
On January 6, 2020, BIS published an interim final rule to add a new worldwide (minus Canada) unilateral export control on a type of geospatial imagery software specially designed for training Deep...more
1/7/2020
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Comment Period ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
Machine Learning ,
National Security ,
Public Comment ,
Software ,
Technology ,
Technology Sector ,
Trump Administration
• On August 30, DDTC published a final rule that removes many of the radars used in civil automotive and unpiloted aerial vehicles from the USML.
• This continues the targeted removal of civil items from the military...more
9/5/2019
/ Aerospace ,
Aircraft ,
Automotive Industry ,
Aviation Industry ,
Defense Sector ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Exports ,
Final Rules ,
ITAR ,
Motor Vehicles ,
Radar ,
Technology Sector ,
Unmanned Aircraft Systems ,
USML
• 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
• The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) announced (84 FR 25545) that they will hold a town hall-style public meeting on July 19, 2019,...more
6/5/2019
/ Comment Period ,
Department of Defense (DOD) ,
Federal Contractors ,
General Services Administration (GSA) ,
Goods or Services ,
Government Agencies ,
NASA ,
NDAA ,
Public Comment ,
Public Meetings ,
Stakeholder Engagement ,
Technology Sector ,
Telecommunications
• Since the addition of Huawei and many of its affiliates to the Entity List, there has been significant media coverage over which types of transactions involving the listed entities are, and are not, prohibited without a...more
5/29/2019
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
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
• The Bureau of Industry and Security published a notice yesterday seeking public comments on how it should define and identify a wide variety of emerging technologies that are not now controlled for export, but should be...more
11/20/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Exports ,
Filing Requirements ,
Foreign Investment ,
National Security ,
Public Comment ,
Technology Sector ,
U.S. Commerce Department
• ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce’s BIS. The new law codifies long-standing BIS policies and does not require...more
9/12/2018
/ Arms Embargo ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Commerce Control List ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Defense Sector ,
Economic Sanctions ,
Emerging Technology Companies ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Control Reform (ECR) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Corporations ,
Foreign Investment ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
Licensing Rules ,
National Security ,
NDAA ,
New Legislation ,
Notice and Comment ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Regulatory Reform ,
Reporting Requirements ,
Secretary of State ,
Technology Sector ,
U.S. Commerce Department
• DDTC and BIS have published concurrent NOIs requesting public comments on the controls over the export and reexport of explosives, personal protective equipment, and military and intelligence electronics. (By volume and...more
2/15/2018
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Commerce Control List ,
Cross-Border ,
Defense Sector ,
Directorate of Defense Trade Controls (DDTC) ,
Electronic Devices ,
Explosives ,
Export Administration Regulations (EAR) ,
Export Control Reform (ECR) ,
Export Controls ,
Exports ,
Foreign Policy ,
ITAR ,
National Security ,
Notice of Inquiry ,
Personal Protective Equipment ,
Professional Conferences ,
Public Comment ,
Software ,
Technology Sector ,
U.S. Commerce Department ,
US Munitions List