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
Well, the Bureau of Industry and Security (BIS) waited until the summer was over, but timing may be the best part of the new export controls on Russia and Belarus (the “Rule”). Understanding the new Rule and how the old...more
9/27/2022
/ Anti-Terrorism Financing ,
Belarus ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
Chemical Weapons ,
Corporate Counsel ,
ECCNs ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Direct Product Rule ,
Military End Use ,
Popular ,
Russia
Watch Out, More Things Are Luxury Than You Think!
On March 11, 2022, the President issued Executive Order 14068 (EO 14068) Prohibiting Certain Imports, Exports, and New Investment with Respect to Continued Russian...more
3/15/2022
/ Belarus ,
Economic Sanctions ,
Energy Sector ,
EU ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
Imports ,
Most-Favored Nations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trade Restrictions ,
U.S. Treasury ,
Ukraine
What Are the New US Export Controls on Russia?
On February 24, 2022, the US Department of Commerce, Bureau of Industry and Security (BIS) imposed new export controls intended to restrict access to technologies and other...more
2/28/2022
/ Belarus ,
Bureau of Industry and Security (BIS) ,
ECCNs ,
Economic Sanctions ,
EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
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)
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
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
The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies.
As a refresher, CFIUS is the US Government’s...more
10/16/2020
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
ITAR ,
NAICS ,
Personal Data ,
Proposed Regulation ,
U.S. Treasury ,
US Department of State
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
This software now requires a BIS authorization to be exported or reexported to all countries except for Canada. Companies that develop or use artificial intelligence (AI) to solve geospatial problems or in geospatial...more
1/7/2020
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
ECCNs ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exporters ,
Exports ,
FIRRMA ,
Geolocation ,
Location Data ,
National Security ,
Popular ,
Rulemaking Process ,
Software ,
Technology ,
Technology Sector
The good news is that, for the most part, State resisted the temptation to do something just a little different in the ITAR regulation, so the joint Commerce-State solution works. The chart below provides a quick side-by-side...more
1/3/2020
/ Cloud Computing ,
Comment Period ,
Encryption ,
EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exporters ,
Interim Final Rules (IFR) ,
ITAR ,
Technology ,
U.S. Commerce Department ,
US Department of State
The US State Department is soliciting feedback on its draft “US Government Guidance for the Export of Hardware, Software, and Technology with Surveillance Capabilities and/or Parts/Know-How,” issued September 4, 2019 (Draft...more
9/25/2019
/ Draft Guidance ,
Due Diligence ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exporters ,
Exports ,
Human Rights ,
Multinationals ,
Surveillance ,
Technology ,
US Department of State