On October 28, 2022, the US Department of Commerce, Bureau of Industry (BIS) issued FAQs on the new semiconductor regulations. The FAQs are short and relatively clear (thank you!) even if they were released on a Friday...more
On Friday, October 7, 2022, the Bureau of Industry and Security (BIS) released an interim final rule containing an enormous set of export controls that will likely damage the Chinese semiconductor, advanced computing, and...more
10/11/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Corporate Counsel ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Federal Register ,
Interim Final Rules (IFR) ,
License Applications ,
Manufacturers ,
Military End Use ,
MOFCOM ,
Popular ,
Rulemaking Process ,
SDN List ,
Semiconductors ,
Software ,
Technology
US importers should participate in the Task Force's comment and hearing process to flag due diligence challenges and formulate the strategy to enforce the import prohibitions.
What to Know -
Effective June 21, 2022, 180...more
1/6/2022
/ China ,
Customs and Border Protection ,
Detention ,
Enforcement ,
Export Administration Regulations (EAR) ,
Forced Labor ,
Human Rights ,
Importers ,
Office of Foreign Assets Control (OFAC) ,
Tariff Act of 1930 ,
Uyghur Forced Labor Prevention Act (UFLPA)
Forced Labor Enforcement Continues to Escalate as Commerce Restricts Exports to 5 Additional PRC Companies -
Withhold release order was issued that will prohibit imports of products produced in whole or part from silica...more
6/28/2021
/ Biden Administration ,
Child Labor ,
China ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Exports ,
Forced Labor ,
Human Rights ,
Imports ,
Solar Energy ,
Supply Chain ,
US State Departments ,
Withhold Release Orders (WROs)
The subpoena issuance suggests that the Biden Administration will continue the US Government’s assertive approach to China.
The US Department of Commerce, on March 17, 2021, issued subpoenas on multiple Chinese companies...more
3/19/2021
/ Biden Administration ,
China ,
Executive Orders ,
Foreign Adversaries ,
Foreign Policy ,
Information and Communication Technology (ICT) ,
Interim Final Rules (IFR) ,
National Security ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department
Companies should be prepared to conduct additional due diligence for any transactions involving entities in the countries enumerated in this rule.
In an interim rule published on, January 15, 2020, the Department of...more
3/17/2021
/ Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
Chemical Weapons ,
China ,
Cuba ,
Due Diligence ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Entities ,
Interim Final Rules (IFR) ,
Iran ,
North Korea ,
Nuclear Weapons ,
Russia ,
Syria ,
Trump Administration ,
U.S. Commerce Department ,
Venezuela
Changes are afoot for key industry sectors with complicated global supply chains.
“As this pandemic has made clear, we can never again be in a position where we have to rely on a foreign country that doesn’t share our...more
3/1/2021
/ APIs ,
Batteries ,
Biden Administration ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Defense Sector ,
Energy Sector ,
Executive Orders ,
Export Controls ,
Information and Communication Technology (ICT) ,
Minerals ,
Personal Protective Equipment ,
Popular ,
Public Health ,
Risk Management ,
Semiconductors ,
Supply Chain ,
Transportation Industry
The Information and Communications Technology and Services (ICTS) Rule, if implemented by the Biden Administration, would significantly impact companies that have an international nexus in a number of different sectors,...more
2/2/2021
/ Biden Administration ,
China ,
Cuba ,
Department of Homeland Security (DHS) ,
Digital Service Providers ,
Executive Orders ,
FCC ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Interim Final Rules (IFR) ,
Iran ,
National Intelligence Agencies ,
North Korea ,
Popular ,
Russia ,
Sensitive Personal Information ,
Software ,
Supply Chain ,
Telecommunications ,
Venezuela
The growing role that international trade rules are playing has left many corporate leaders to look beyond regularly imposed tariffs.
Earlier this month, we published our “Advance Look at Hot Button Trade Issues under the...more
1/29/2021
/ Automotive Industry ,
Bureau of Industry and Security (BIS) ,
China ,
Customs and Border Protection ,
Executive Orders ,
Export Controls ,
Forced Labor ,
NAFTA ,
Regional Comprehensive Economic Partnership (RCEP) ,
Supply Chain ,
Tariffs ,
Trade Agreements ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Arent Fox International Trade Group Partner Marwa Hassoun and Government Contracts Group Counsel Travis Mullaney chat about Section 889 of the National Defense Authorization Act. In today's episode, we focus on the U.S....more
In his last days, President Trump takes a swipe against companies identified by the Department of Defense (DoD) as Communist Chinese military companies by prohibiting US persons from investments.
On November 12, 2020,...more
11/18/2020
/ China ,
Department of Defense (DOD) ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Foreign Investment ,
Information and Communication Technology (ICT) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
PCAOB ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
U.S. Treasury
The US Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule amending the license review policy for items on the Commerce Control List that are controlled for national security (NS) reasons and are...more
Target areas are telecom, information security, and sensor items that can be used for censorship, surveillance, detention, and use of force.
On October 6, 2020, the US Department of Commerce, Bureau of Industry and...more
The new regulations prohibit government agencies from entering into, extending, or renewing a contract with contractors if they use any equipment, system, or service that uses certain Chinese telecommunications equipment or...more
8/14/2020
/ Breach of Contract ,
China ,
Compliance ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FIRRMA ,
Huawei ,
Interim Rule ,
National Security ,
NDAA ,
New Regulations ,
Public Safety ,
System For Award Management (SAM) ,
Telecommunications
President Trump signed an Executive Order (EO) (TikTok EO) August 6, 2020, banning “transactions” yet to be identified by the US Department of Commerce (Commerce) related to TikTok and its parent ByteDance Ltd.
Specifically,...more
8/12/2020
/ CFIUS ,
China ,
Data Collection ,
Executive Orders ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Social Media ,
TikTok ,
U.S. Commerce Department ,
U.S. Treasury
Driven by national security concerns, over the past three years the US Government has taken a much more aggressive position on an array of technology issues involving China. These policy and regulatory changes range from...more
8/12/2020
/ CFIUS ,
China ,
Executive Orders ,
Export Controls ,
Exports ,
Foreign Adversaries ,
Foreign Corporations ,
Foreign Investment ,
Manufacturers ,
National Security ,
R&D ,
Regulatory Agenda ,
Screening Procedures ,
Supply Chain ,
Technology Sector ,
Trade Policy
As the US technology competition with China continues to intensify, the Trump Administration has taken another step to tighten the screws on China.
In late June, the US Department of Defense (DoD) made public a list of 20...more
8/3/2020
/ China ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Due Diligence ,
Exports ,
FBI ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
NDAA ,
Pentagon ,
Trump Administration ,
U.S. Treasury
Rumors have circulated through the export community for months, and the Bureau of Industry and Security (BIS) has finally acted. In a final rule published April 28, 2020, BIS is removing License Exception Civil End-Users...more
In yet another action on April 28, 2020, the Bureau of Industry and Security (BIS) issued a final rule imposing stricter license requirements on a wide range of exports, reexports and transfers to China, Russia, or Venezuela...more
In another blow to Huawei, on August 7, 2019, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an interim rule amending the Federal...more
8/27/2019
/ Bank Fraud ,
Bureau of Industry and Security (BIS) ,
China ,
Criminal Conspiracy ,
Department of Defense (DOD) ,
Economic Sanctions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FIRRMA ,
General Services Administration (GSA) ,
Huawei ,
Interim Rule ,
International Emergency Economic Powers Act (IEEPA) ,
Money Laundering ,
NASA ,
NDAA ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
US Trade Policies ,
Wire Fraud