On February 24, the two-year anniversary of Russia’s invasion of Ukraine, the Biden administration issued hundreds of new Russia-related export controls and sanctions. The Office of Foreign Assets Control (OFAC) and the...more
3/7/2024
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
CAFC ,
CFIUS ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Controls ,
False Statements ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
International Trade ,
Iran ,
ITAR ,
Labeling ,
Made in the USA ,
Money Laundering ,
National Security ,
National Security Agency (NSA) ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Section 301 ,
U.S. Commerce Department ,
US Department of State ,
USTR
On December 11, the Department of Justice, the Department of Commerce’s Bureau of Industry and Security (BIS), the Department of Homeland Security, the Department of State’s Directorate of Defense Trade Controls (DDTC), and...more
1/12/2024
/ Bad Actors ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
Foreign Subsidiaries ,
Iran Sanctions ,
Nasdaq ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Supply Chain ,
Tariffs ,
U.S. Commerce Department ,
Virtual Currency
1. OFAC Imposes Sanctions on Russian Elites Who Were Board Members of Alpha Group-
On Aug. 11, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated four Russian individuals, Petr...more
9/7/2023
/ Boycotts ,
Build America Investment Initiative ,
Bureau of Industry and Security (BIS) ,
Buy America ,
Department of Justice (DOJ) ,
Employment Discrimination ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Corporations ,
Internal Revenue Code (IRC) ,
Lawful Permanent Residents ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Ownership Interest ,
Parent Corporation ,
Popular ,
Russia ,
SDN List ,
SpaceX ,
Suppliers ,
Virtual Currency
On June 16, the U.S. Department of Commerce published a final rule, to be effective July 17, implementing the Protecting Americans’ Sensitive Data From Foreign Adversaries and amending the Securing the Information and...more
7/11/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Evasion ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Iran ,
North Korea ,
Russia ,
Supply Chain ,
Technology ,
U.S. Commerce Department ,
U.S. Treasury ,
Unmanned Aircraft Systems ,
Whistleblower Awards
In response to entreaties by allies at the Group of Seven (G7) summit recently held in Japan, on May 19, 2023, the U.S. Department of Commerce and the Department of the Treasury jointly announced new restrictions on trade...more
5/30/2023
/ Bureau of Industry and Security (BIS) ,
Construction Industry ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Exports ,
Foreign Policy ,
Foreign Relations ,
Manufacturers ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
Trading Policies ,
Transportation Industry
On March 2, the Department of Commerce, Department of the Treasury and Department of Justice issued a tri-seal compliance note outlining methods Russia uses to evade sanctions and export controls....more
4/7/2023
/ Bureau of Economic Analysis ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Free Trade Agreements ,
Russia ,
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)
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
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)
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
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
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. 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
1. Expanded Export Controls on Certain Biological Equipment Software Are Coming-
As part of the Bureau of Industry and Security’s emerging and foundational technology control effort, new export controls are forthcoming...more
10/5/2021
/ Artificial Intelligence ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
CBSA ,
China ,
Ethiopia ,
Export Controls ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Sanction Violations ,
Sanctions ,
Software ,
U.S. Commerce Department
1. Chinese Trade Tensions Ramp Up-
On June 3, President Joe Biden signed Executive Order 14032, replacing and superseding previous EOs that banned U.S. persons from purchasing and selling public securities of Chinese...more
7/8/2021
/ Anti-Corruption ,
China ,
Customs and Border Protection ,
Department of Defense (DOD) ,
Entrepreneurs ,
Executive Orders ,
Forced Labor ,
Imports ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
U.S. Commerce Department ,
U.S. Treasury ,
Withhold Release Orders (WROs)
1. BIS Eliminates Reporting Requirements for Certain Encryption Items Effective March 29, 2021, BIS eliminated or reduced reporting requirements for certain encryption items.
For encryption source code and beta test...more
5/27/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Encryption ,
Executive Orders ,
Financial Institutions ,
Foreign Direct Investment ,
Huawei ,
Joe Biden ,
Pharmaceutical Industry ,
Proposed Legislation ,
Reporting Requirements ,
Russia ,
Sanctions ,
Section 301 ,
Software ,
Supply Chain ,
Surveillance ,
Tariffs ,
Technology Sector ,
USTR ,
ZTE
1. Recent Enforcement Actions Outline the Need for Compliance Measures-
Over the past few months, the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) in the Department of Commerce have...more
4/1/2021
/ Bureau of Economic Analysis ,
Bureau of Industry and Security (BIS) ,
Civil Liability ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Qui Tam ,
Russia ,
Sanctions ,
U.S. Commerce Department ,
US State Departments