The U.S. State Department has proposed amendments to the International Traffic in Arms Regulations (ITAR) to increase the fees required for Directorate of Defense Trade Controls (DDTC) registration. The ITAR requires persons...more
On Tuesday, October 17, 2023, the U.S. Bureau of Industry and Security (BIS) released a package of three rules (the 2023 Rules) targeting the Chinese semiconductor industry. The rules update the substantial semiconductor...more
10/23/2023
/ China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Semiconductors ,
Software ,
Technology ,
Trade Restrictions
When can an employer use the “national security exception” under U.S. anti-discrimination law to make a hiring decision based on the national origin of the candidate? An often overlooked area of compliance is how to comply...more
4/27/2023
/ Anti-Discrimination Policies ,
Defense Sector ,
Department of Justice (DOJ) ,
Discrimination ,
Employment Discrimination ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
Foreign Nationals ,
Hiring & Firing ,
Immigration ,
Immigration Procedures ,
ITAR ,
Required Documentation
The Moving Target -
We have been writing since last July about the proposed outbound investment measures that would review and possibly deny proposed outbound investments from the United States to China. Rumors swirled...more
In response to Russia’s ongoing aggression in Ukraine, both the United States and the European Union have imposed additional sanctions and further restricted exports to Russia and Iran. These new controls span many...more
2/28/2023
/ Economic Sanctions ,
Entity List ,
EU ,
Export Controls ,
Exports ,
Iran ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trade Restrictions ,
UK ,
Ukraine
In recent years, a wide array of trade actions pursued by the United States, foreign and domestic policies of the United States and China, reputational risks, and supply chain breakdowns are driving a trend of more and more...more
5/17/2022
/ Biden Administration ,
China ,
Customs ,
Customs and Border Protection ,
Exports ,
Imports ,
International Trade ,
Manufacturers ,
Mexico ,
Relocation ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Updated as of February 25, 2022 -
Key Takeaways of OFAC (Treasury) and BIS (Commerce) Actions -
Major Russian Banks Blocked from the U.S. Financial System. Six major Russian banks — VEB, Promsvyazbank (PSB), VTB Bank,...more
If your company is like many, your board of directors may be demanding that you put more effort into environmental, social, and governance issues, which have become known by the now-ubiquitous acronym “ESG.” Those demands...more
10/11/2021
/ Board of Directors ,
Customs ,
Customs and Border Protection ,
Environmental Social & Governance (ESG) ,
Ethical Standards ,
Exports ,
Forced Labor ,
Imports ,
International Trade ,
Sanctions ,
Supply Chain ,
Trade Policy
On October 15, 2020, CFIUS will officially tie mandatory filings to U.S. export control regimes, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). While that...more
Hiring employees does not usually call to mind international trade compliance obligations. However, together U.S. export controls and anti-discrimination laws create a web that is overlooked or misunderstood by many types of...more
9/3/2020
/ Anti-Discrimination Policies ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Nationals ,
Hiring & Firing ,
Human Resources Professionals ,
ITAR
The most pressing question around the new FIRRMA regulations is “Will my transaction be covered?” To provide a bit of guidance on that point, we present an illustration from our upcoming Second Edition of The CFIUS Book due...more
1/29/2020
/ Australia ,
Canada ,
CFIUS ,
Covered Transactions ,
Cross-Border Transactions ,
Encryption ,
Exceptions ,
Exports ,
Federal Pilot Programs ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Investment Funds ,
National Security ,
Private Equity ,
Proposed Regulation ,
Real Estate Transactions ,
Software ,
Technology ,
Technology Sector ,
UK
The U.S. Department of Commerce is considering tightening export controls in two major ways. The changes are aimed at choking off supplies to Huawei, but the move could impact a wide range of commercial transactions for all...more
12/19/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Huawei ,
Manufacturers ,
National Security ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
• Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below).
• You may submit comments on the criteria the U.S. government will use to determine what technologies...more
12/11/2018
/ Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Exports ,
Foreign Nationals ,
National Security ,
Proposed Rules ,
Public Comment ,
Technology Sector
Key Takeaways:
• Emerging technology sectors will soon be subject to new export controls.
• Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more
11/19/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Nationals ,
Mergers ,
National Security ,
Public Comment ,
Technology Sector ,
U.S. Commerce Department
A tripartite agreement to save the North American Free Trade Agreement (NAFTA) has just been reached. Since June 2017, the United States, Canada, and Mexico have been renegotiating NAFTA. After over a year of negotiations,...more
10/3/2018
/ Canada ,
Cross-Border Transactions ,
Exports ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
A double agent. Nerve gas. Violations of international law. The recently imposed sanctions on Russia have all the makings of a James Bond movie but, unfortunately, those sanctions may cause some less-than-entertaining...more
9/21/2018
/ CBW Act ,
Chemical Weapons ,
Commerce Control List ,
Economic Sanctions ,
End-Users ,
Exports ,
Foreign Assistance Programs ,
Licensing Rules ,
National Security ,
Russia ,
State-Owned Enterprises ,
Subsidiaries ,
US Department of State
With fewer than 100 days left in office, President Obama is not slowing down on his efforts to normalize relations between the United States and Cuba. Today, several changes to the Cuban Assets Control Regulations (CACR) and...more
10/18/2016
/ Aviation Industry ,
Barack Obama ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Energy Sector ,
Export Administration Regulations (EAR) ,
Exports ,
Imports ,
Medical Research ,
Office of Foreign Assets Control (OFAC) ,
Travel
For the first time since the era of pagers, dial-up, and Y2K hysteria, U.S. trade remedy cases are experiencing a resurgence. Under U.S. law, U.S. producers of goods may petition the U.S. government to impose extra tariffs on...more
After weeks of negotiations and a Putin-backed delay, the UN Security Council unanimously adopted resolution 2270 on March 2, 2016, imposing new sanctions against North Korea. According to U.S. Secretary of State John Kerry,...more
3/4/2016
/ Arms Embargo ,
Asset Freeze ,
Corporate Counsel ,
Exports ,
Imports ,
North Korea ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
SDN List ,
UN Security Council ,
Vessels ,
WMD