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Commerce Launches Rulemaking Process on Foundational Technologies, Hints at Three Potential Areas of Control

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

BIS Expands the Huawei Foreign Direct Product Rule to Capture a Wide Swath of COTS Products

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

Huawei Rule Part 2: You “Use,” You Lose (Government Contracts)

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

US Administration Takes on Chinese Social Media

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

National Security Podcast: US Government Zeros in on China [Audio]

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

Pentagon Identifies 20 ‘Communist Chinese Military Companies’

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

RIP CIV! BIS to Remove License Exception CIV from the EAR

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

Team Telecom Emerges From the Shadows; FCC Gets Aggressive With Chinese Telecoms

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

California Quarantine Update: Retail Open for (Curbside) Business

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

Ahoy, Exporters to China, Russia, and Venezuela! Massive Military End Use/User Controls & Reporting Icebergs Lie Ahead!

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

APR in APRIL, BIS MAY Make Changes to Restrict Re-Exports, Comments Due in JUNE

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

OFAC’s COVID-19 Response: Existing Exceptions, Filing and Compliance Flexibility, and a Little Loosening on Iran

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

Bill Introduced to Extend COVID-19 Relief to Cannabis Businesses

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

4/27/2020  /  Coronavirus/COVID-19

FEMA: Certain Exports of Respirators, Masks, and Gloves (PPE) Exempt From Ban

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

FEMA Temporarily Halts Exports of Certain PPE

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

Quarantine Extended and New Stricter Regulations on Essential Businesses in California

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

California Governor First to Implement Mandatory Stay at Home: What This Decision Could Mean For Other States

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

CFIUS 2.0: Treasury Unveils Final Regulations to Govern Expanded Foreign Investment Screening

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

Maximum Pressure Squared: President Trump Turns His Iran Sanctions Amplifier Up to Eleven

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

US Issues First Unilateral Export Control on Artificial Intelligence Software

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

ITAR Defense Controls Catches Up to Modern IT, Allowing Exporters to Use Encryption to Protect Defense Technology on the Cloud

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

CFIUS 2.0: Emerging Tech Minority Investments – Expansion of Jurisdictional Scope Remains in Limbo

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

Sanctions Success or About Face? – White House Removes Sanctions on Turkey

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

US State Department Seeks Feedback on Amorphous Human Rights Due Diligence for US Exporters of ‘Surveillance’ Items

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

New Huawei Rule: What it Means for US Companies

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

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