On September 6, the Bureau of Industry and Security (“BIS”) in the U.S. Commerce Department issued an interim final rule (“IFR”) under the Export Administration Regulations (“EAR”) to add new export controls on semiconductor,...more
9/13/2024
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Technology Sector ,
U.S. Commerce Department
As Russia continues its war against Ukraine and Ukraine has itself recently opened a new front by capturing Russian territory in its Kursk region, the United States announced on August 23 its latest tranche of sanctions...more
9/6/2024
/ Biden Administration ,
Corporate Counsel ,
Defense Sector ,
Economic Sanctions ,
Export Controls ,
Exports ,
Foreign Policy ,
G7 ,
General Licenses ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Record Retention ,
Russia ,
SDN List ,
Statute of Limitations ,
Technology Sector ,
U.S. Commerce Department ,
Ukraine
On February 23, building mainly upon the broad authority of Executive Order 14024 (“EO 14024”)[1] issued by President Joe Biden in 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the...more
3/5/2024
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Defense Sector ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Foreign Trade Regulations ,
General Licenses ,
Iran ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
The U.S. Department of Justice (“DOJ”) on May 16 announced criminal charges and arrests that highlight risks for companies from U.S. and non-U.S. networks and individuals that seek to unlawfully divert U.S. goods, services,...more
5/22/2023
/ Arms Export Control Act ,
China ,
Criminal Investigations ,
Criminal Prosecution ,
Defense Sector ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
Economic Sanctions ,
Enforcement Priorities ,
Export Controls ,
Exports ,
FBI ,
Financial Services Industry ,
Intellectual Property Protection ,
Iran ,
Russia ,
Technology Sector ,
Theft
Ongoing tensions between the United States and China have resulted in an expansion of U.S. export controls and trade sanctions against China. The Biden Administration’s October 2022 National Security Strategy (“2022 NSS”)...more
2/17/2023
/ Belarus ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Economic Sanctions ,
Embargo ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Foreign Relations ,
Popular ,
Russia ,
Technology ,
Trade Relations
On October 7, 2022, the Biden Administration announced new restrictions on exports to China of advanced integrated circuits (“ICs”), computers and components containing advanced ICs, semiconductor manufacturing equipment, and...more
11/28/2022
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Popular ,
Semiconductors ,
Software ,
Technology ,
Trade Restrictions
On June 6, 2022, the Office of Foreign Assets Control (“OFAC”) within the U.S. Department of the Treasury announced new Frequently Answered Questions (“FAQs”) that interpret several previous Executive Orders (“EOs”) issued by...more
6/10/2022
/ Accounting ,
Biden Administration ,
Consultants ,
Contract Management ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Exports ,
Financial Services Industry ,
Foreign Investment ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
The United States has announced yet another round of economic sanctions against Russia that builds on existing sanctions and extends them to new sectors of the Russian economy. The U.S. Department of the Treasury’s Office of...more
5/18/2022
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Consultants ,
Duties ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Services Agency ,
General Licenses ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trade Restrictions
On April 21, 2022, President Biden further expanded U.S. sanctions against Russia due to its invasion of Ukraine by issuing a new Presidential Proclamation 10371 (“Proclamation 10371”) to bar all Russian-affiliated vessels...more
4/26/2022
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Liquid Natural Gas ,
Magnuson-Moss Act ,
Most-Favored Nations ,
Oil & Gas ,
Ports ,
Presidential Proclamations ,
Russia ,
Tariffs ,
Vessels
On April 6, 2022, the U.S. Government announced its latest round of sanctions against the Russian Federation in coordination with the European Union (“EU”) and other allies. President Biden issued Executive Order 14071 (“EO...more
4/11/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Most-Favored Nations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
Trade Restrictions ,
Ukraine
As part of its expanding sanctions against Russia, the Biden Administration on March 8, 2022, issued Executive Order 14066 (“EO 14066,” see here) to bar imports into the United States of Russian crude oil, petroleum;...more
3/14/2022
/ Biden Administration ,
Blocked Entities ,
Blocked Person ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
General Licenses ,
Imports ,
Most-Favored Nations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
Ukraine
On February 24, 25 and 28, the United States broadened its economic sanctions against Russia in response to its full-scale military invasion of Ukraine. As the Biden Administration had promised in recent weeks, in close...more
3/2/2022
/ Blocked Entities ,
Blocked Person ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Controls ,
Exports ,
Financial Institutions ,
Military End Use ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Software ,
Sovereign Debt ,
Technology ,
Ukraine
The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) has said it is contemplating new export controls on certain neurotechnology items and has adopted new controls on genetic sequencing software and...more
11/10/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Asia ,
Bureau of Industry and Security (BIS) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Genetic Testing ,
Intrusion Software ,
Licenses ,
Software ,
Technology Sector ,
U.S. Commerce Department
On October 28, 2021, a bipartisan group of U.S. Senators introduced the Food Security is National Security Act of 2021 (the “Act”). Among other things, the Act would require the Committee on Foreign Investment in the United...more
11/4/2021
/ Acquisitions ,
Agribusiness ,
Beverage Manufacturers ,
CFIUS ,
Cross-Border ,
Cross-Border Transactions ,
Cyber Attacks ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Health and Human Services (HHS) ,
Export Administration Regulations (EAR) ,
Export Controls ,
FIRRMA ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Foreign Investment ,
Mergers ,
National Security ,
Popular ,
Proposed Legislation ,
Supply Chain ,
Technology ,
U.S. Treasury ,
USDA
The Bureau of Industry and Security (“BIS”) in U.S. Department of Commerce has added 34 more companies to its Entity List in its continued expansion of U.S. export controls to address human rights in the Xinjiang Uyghur...more
7/21/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Customs and Border Protection ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Forced Labor ,
General Licenses ,
Human Rights ,
Iran ,
Military End Use ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
SDN List ,
Tariff Act of 1930 ,
U.S. Commerce Department ,
Withhold Release Orders (WROs)
Effective June 1, 2021, the U.S. Department of the Treasury's Office of Foreign Assets Control (“OFAC”) published new Burmese Sanctions Regulations (“BSR”) that implement President Biden’s February 10, 2021, Executive Order...more
6/7/2021
/ Biden Administration ,
Blocked Person ,
Bureau of Industry and Security (BIS) ,
Burma ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
George W Bush ,
ITAR ,
Myanmar ,
Obama Administration ,
Office of Foreign Assets Control (OFAC) ,
President Clinton
Rounding out an already-intense 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued three notices in December that expanded export sanctions and restrictions against Chinese, Russian, and...more
1/14/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Hong Kong ,
Licensing Rules ,
Military End Use ,
Popular ,
Russia ,
U.S. Commerce Department ,
Venezuela
The Federal Emergency Management Agency (“FEMA”) has banned the export from the United States of certain masks, respirators and respirator parts, and medical gloves used as personal protective equipment (“PPE”) through a new...more
The U.S. Department of the Treasury’s Office of Investment Security published proposed regulations on September 24 (“Proposed Regulations”). Under the Proposed Regulations, more foreign investment transactions will be subject...more
10/31/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Exemptions ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
Personal Data ,
Proposed Regulation ,
Real Estate Transactions ,
Tribal Corporations ,
U.S. Treasury
The Administration has been fully occupied this summer in its ongoing disputes with America’s major trading partners. The U.S. Government is at least nominally resuming high level trade negotiations with China after months...more
7/26/2019
/ Bureau of Industry and Security (BIS) ,
Canada ,
China ,
EU ,
Export Administration Regulations (EAR) ,
Export Bans ,
Export Controls ,
France ,
Imports ,
Indictments ,
Mexico ,
NAFTA ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
UK Brexit ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR ,
WTO
After months of deliberation, Congress has passed the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) as Title XVII in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“2019...more
8/15/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
NDAA ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury