BIS will be looking at items that are controlled only for anti-terrorism, crime control, short supply, United Nations embargoes, or designated as EAR99 in establishing new Foundational Technologies Controls.
Two years...more
8/28/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Embargo ,
Export Control Reform Act (ECRA) ,
Exports ,
FIRRMA ,
Interim Final Rules (IFR) ,
Military End Use ,
National Security ,
Rulemaking Process ,
United Nations
On August 17, 2020, the Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule (the Final Rule) (1) adding additional Huawei non-US affiliates to the Entity List, (2) confirming the expiration of...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
On April 4, 2020, President Trump issued Executive Order (EO) 13913, “Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector.” The EO formalizes “Team...more
After nearly six weeks of requiring California residents to shelter in place, on April 28, 2020, California Governor Gavin Newsom announced a new four-stage plan for reopening California, however, he did not provide specifics...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
On April 28, the Bureau of Industry and Security (BIS) issued a proposed rule that would revise License Exception Additional Permissive Re-Exports (APR) to remove a current provision that allows for reexports of items subject...more
Recognizing that COVID-19 is further straining humanitarian needs in sanctioned countries and complicating compliance with economic sanctions, and perhaps also in response to reports that US sanctions are hindering COVID-19...more
4/28/2020
/ Coronavirus/COVID-19 ,
Cuba ,
Economic Sanctions ,
Executive Orders ,
FEMA ,
Humanitarian Assistance ,
Iran ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Secondary Sanctions ,
Syria ,
Ukraine ,
Venezuela
On April 23, 2019, US Representative Earl Blumenauer (D-OR) introduced HR 6022, the “Emergency Cannabis Small Business Health and Safety Act” in the House Committee on Small Business to extend federal COVID-19 relief to the...more
The Federal Emergency Management Agency has left many important questions blowing in the wind as a result of a Notification of Exemptions action published for public inspection on Friday, April 17, 2020. The final action will...more
The Federal Emergency Management Agency (FEMA) has exercised its delegated authority under the Defense Production Act (DPA) to issue a temporary final rule (Prioritization and Allocation of Certain Scarce or Threatened Health...more
We previously reported on Governor Gavin Newsom’s executive order which put in place mandatory stay-at-home restrictions except for workers in “essential businesses” as part of an effort to help contain the spread of the...more
On March 19, 2020, Gavin Newsom, the Governor of California, issued Executive Order N-3-20, which put in place mandatory stay-at-home restrictions as part of an effort to help contain the novel coronavirus, for an indefinite...more
On January 13, 2020, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States (CFIUS), released the comprehensive final regulations to implement the Foreign Investment Risk Review...more
1/17/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Control Reform Act (ECRA) ,
Federal Pilot Programs ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
NAICS ,
National Security ,
Personal Data ,
Real Estate Transactions ,
Rulemaking Process
Third-country companies doing business with Iran’s construction, mining, manufacturing, or textiles sectors are now at increased risk of being sanctioned.
On Friday, January 10, President Trump issued Executive Order (EO)...more
1/16/2020
/ Blocked Person ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Exports ,
Foreign Policy ,
Foreign Relations ,
Goods or Services ,
Imports ,
Iran ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trump Administration
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
In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more
12/19/2019
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
Comment Period ,
Emerging Technology Companies ,
Export Control Reform Act (ECRA) ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Proposed Regulation ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On October 23, the President asked the Department of the Treasury to lift previously imposed sanctions against Turkey following the cessation of Turkey’s offensive in Syria and the implementation of a lasting ceasefire....more
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
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