On July 24, 2024, the Commerce Department’s Bureau of Industry and Security (BIS) announced amendments to the U.S. Export Administration Regulations (EAR), expanding the reach of U.S. export jurisdiction over certain...more
7/30/2024
/ Amended Regulation ,
Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Iran ,
Jurisdiction ,
Russia ,
Software ,
Technology ,
Ukraine
The Bureau of Industry and Security (BIS) has published its spring 2024 regulatory agenda along with the rest of the Commerce Department. Of note is the continued focus on access to emerging technology, particularly relating...more
7/30/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cloud Computing ,
Data Centers ,
Export Controls ,
Exports ,
Final Rules ,
Innovative Technology ,
Interim Final Rules (IFR) ,
National Security ,
Proposed Rules ,
Regulatory Agenda ,
Reporting Requirements ,
Technology ,
U.S. Commerce Department
Earlier this week, the U.S. Bureau of Industry and Security (BIS) published new guidance on identifying and responding to parties that present a risk of diversion of export-controlled items to countries or entities of...more
Citing Russia’s “transition to a full war economy,” the United States imposed sweeping new sanctions and export controls on Russia and Belarus today, including companies and individuals that continue to supply Russia’s...more
6/13/2024
/ Belarus ,
Belarus Sanctions ,
Biden Administration ,
Blocking Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Financial Institutions ,
Foreign Policy ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
SDN List ,
Software ,
Software Developers ,
Technology Sector ,
Ukraine ,
US State Departments
This alert has been updated to address the May 2024 announcement by Turkey of its suspension of exports and imports with Israel and the impact for United States antiboycott compliance. ...more
6/7/2024
/ Boycotts ,
Compliance ,
Exports ,
Imports ,
Israel ,
Israel/Palestine ,
Middle East ,
Military Conflict ,
Popular ,
Supply Chain ,
Trade Restrictions ,
Turkey
On May 14, 2024, the Office of the United States Trade Representative (USTR) announced expansions to tariffs under § 301 of the Trade Act of 1974 (§ 301) on imports from China, including tariff increases on currently covered...more
5/23/2024
/ Batteries ,
China ,
Electric Vehicles ,
Federal Register ,
Imports ,
Lithium Batteries ,
Medical Equipment ,
Plastic Solar Cells ,
Section 301 ,
Semiconductors ,
Tariffs ,
Trade Act of 1974 ,
US Trade Policies ,
USTR
Melissa Duffy and Trevor Coval contributed their thought leadership to the American Conference Institute’s 14th Annual Global Encryption, Cloud & Cyber Export Controls Conference, held in San Francisco on May 14-16. Melissa...more
5/22/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Cloud Computing ,
Compliance ,
Department of Justice (DOJ) ,
Due Diligence ,
Export Controls ,
Exports ,
Hardware ,
IaaS ,
Know Your Customers ,
Military End Use ,
National Security ,
Popular ,
Proposed Legislation ,
Proposed Rules ,
Semiconductors ,
Sensitive Personal Information ,
Software ,
Supply Chain ,
Technology Sector
On April 24, 2024, President Biden signed into law an emergency supplemental appropriations law, H.R. 815 (Public Law 118-50), that provides substantial military aid to Ukraine, Israel, and Taiwan and could force the sale of...more
5/1/2024
/ Appropriations Bill ,
Biden Administration ,
China ,
Economic Sanctions ,
Export Controls ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
International Harmonization ,
Israel ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Statute of Limitations ,
Taiwan ,
TWEA ,
Ukraine
A congressional proposal to sever ties between United States and Chinese biopharmaceutical companies is far from a done deal, but its bipartisan support is a concrete reminder to consider options for supply chain...more
The United States imposed a new round of economic sanctions and export restrictions on Russia today, marking the second anniversary of Russia’s invasion of Ukraine and following the death of Russian opposition leader, Alexei...more
2/26/2024
/ Bureau of Industry and Security (BIS) ,
Business Operations ,
Doing Business ,
Economic Sanctions ,
Entity List ,
Export Bans ,
Financial Institutions ,
Investors ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agenda ,
Russia ,
Technology Sector ,
Ukraine
The United States Department of Commerce (Commerce) issued a notice of proposed rulemaking (NPRM) seeking comments on new proposed regulations that would, if enacted, impose extensive Know Your Customer (KYC) and Customer...more
2/1/2024
/ Artificial Intelligence ,
Biden Administration ,
Comment Period ,
Customer Identification Program (CIP) ,
Financial Services Industry ,
IaaS ,
Know Your Customers ,
New Rules ,
NPRM ,
Technology Sector ,
U.S. Commerce Department
The Commerce Department’s Bureau of Industry and Security (BIS) has published new FAQs that offer further guidance on two interim final rules that went into effect in November 2023.
hese rules, for which the BIS is...more
1/12/2024
/ Anti-Terrorism Financing ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Electronic Export Information (EEI) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
Interim Final Rules (IFR) ,
ITAR ,
Licenses ,
Semiconductors
Following the deadly terrorist attacks on Israel by Hamas and the ensuing conflict in the region, companies with a presence in Israel and the broader Middle East are responding to the immediate needs of impacted personnel and...more
10/17/2023
/ Commerce Control List ,
Export Administration Regulations (EAR) ,
Hamas ,
Imports ,
Israel ,
ITAR ,
Personal Protective Equipment ,
Popular ,
Sanctions ,
Trade Relations ,
US Trade Policies ,
USML
The U.S. government is turning up the dial on its efforts to combat evasion of export controls and sanctions against Russia. The severe trade restrictions against Russia (and Belarus) have seen continuous escalation since...more
9/26/2023
/ Anti-Money Laundering ,
Belarus ,
Belarus Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Controls ,
Exports ,
FinCEN ,
Foreign Relations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Suspicious Activity Reports (SARs) ,
Trade Restrictions ,
Ukraine
On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On July 26, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), the U.S. Department of the Treasury Office of Foreign Asset Control (OFAC) and the U.S. Department of Justice (DOJ) released joint...more
7/31/2023
/ Anti-Money Laundering ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Disclosure ,
Disclosure Requirements ,
Enforcement ,
Export Controls ,
FinCEN ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Whistleblowers
As follow-on guidance to Office of Management and Budget’s (OMB) September 14, 2022 memo and the associated Executive Order on Improving the Nation’s Cybersecurity from May 2021, the Cybersecurity and Infrastructure Security...more
5/30/2023
/ Attestation Requirements ,
Biden Administration ,
Cybersecurity ,
Deadlines ,
Executive Orders ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
OMB ,
Public Comment ,
Software ,
Software Developers ,
Supply Chain
On May 19, 2023, the Biden administration announced another major round of U.S. sanctions and export controls against Russia and Belarus in response to the ongoing war in Ukraine, in coordination with the G7 Leaders’ Summit...more
5/23/2023
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Corporate Counsel ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
FinCEN ,
Foreign Direct Product Rule ,
G7 ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Tariffs ,
US Department of State
The Department of Commerce (Commerce), in partnership with the National Aeronautics and Space Administration (NASA) and the National Oceanic and Atmospheric Administration (NOAA), announced that it was launching a...more
3/8/2023
/ Compliance ,
Department of Transportation (DOT) ,
Failure to Comply ,
FOIA ,
Mandatory Requirements ,
NASA ,
NOAA ,
Outer Space ,
Penalties ,
Regulatory Agenda ,
Surveys ,
Technology Sector ,
U.S. Commerce Department
On February 24, 2023, the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce Bureau of Industry and Security (BIS) expanded the scope of trade control measures...more
The U.S. Department of State (State Department) and U.S. Department of Commerce (Commerce Department), have recently previewed, proposed or finalized changes to relevant trade controls. These new regulatory updates include...more
1/18/2023
/ Amended Regulation ,
Bureau of Industry and Security (BIS) ,
Civil Monetary Penalty ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Export Controls ,
ITAR ,
National Security ,
Popular ,
Proposed Rules ,
Regulatory Agenda ,
U.S. Commerce Department ,
US Department of State
The U.S. government’s national security and economic priorities around encouraging and adopting innovation is on full display in the soon-to-be-finalized Fiscal Year 2023 National Defense Authorization Act (NDAA). In this...more
12/16/2022
/ Artificial Intelligence ,
Biden Administration ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Data Management ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Innovation ,
Life Sciences ,
National Security ,
NDAA ,
Popular ,
Regulatory Agenda ,
Technology Sector ,
Trade Relations
On October 7, 2022, the US Department of Commerce Bureau of Industry and Security (BIS) released two rules implementing new export controls on advanced computing and semiconductor manufacturing items in addition to new...more
10/24/2022
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Investment ,
General Licenses ,
New Rules ,
Supply Chain ,
Technology Sector
On September 29, 2022, Congress passed the SBIR and STTR Extension Act of 2022, renewing the U.S. Small Business Administration’s (SBA) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR)...more
10/4/2022
/ CFIUS ,
Cybersecurity ,
Due Diligence ,
Foreign Ownership ,
GAO ,
National Security ,
OSTP ,
Patents ,
Performance Standards ,
Pilot Programs ,
Risk Management ,
SBA ,
SBIRs ,
STTR ,
Transparency
On September 14, 2022, the Office of Management and Budget (“OMB”) issued a memorandum on Enhancing the Security of the Software Supply Chain through Secure Software Development Practices (“OMB Memo”) to help ensure software...more