Anyhow, on a possibly related note, on May 14, 2025, BIS announced that it will rescind the AI Diffusion Rule and that, until the time of the official recission, would not enforce the Biden-era regulation.
Stop-Gap Stopped...more
5/19/2025
/ AI Act ,
Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Export Controls ,
National Security ,
Popular ,
Regulatory Reform ,
Rulemaking Process ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
The second Trump administration has come flying out of the starting blocks on international trade policy actions—imposing and rescinding, shaping and reshaping tariffs, sanctions, and export controls. The executive orders and...more
The second Trump administration has come flying out of the starting blocks on international trade policy actions—imposing and rescinding, shaping and reshaping tariffs, sanctions, and export controls. The executive orders and...more
The second Trump administration has come flying out of the starting blocks on international trade policy actions—imposing and rescinding, shaping and reshaping tariffs, sanctions, and export controls. The executive orders and...more
4/24/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Corporate Counsel ,
Export Administration Regulations (EAR) ,
Export Controls ,
National Security ,
Regulatory Reform ,
Russia ,
Semiconductors ,
Technology Sector ,
Trump Administration ,
U.S. Commerce Department
On December 2, 2024, the Department of Commerce, Bureau of Industry and Security (BIS) issued a new set of regulations targeting semiconductors manufacturing equipment (SME) and high-bandwidth memory (HBM) chips. The updates...more
12/23/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Commerce Control List ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Manufacturers ,
National Security ,
Semiconductors ,
Technology Sector
You have always dreamed of going to space. All of us have at some point or another. And the only thing standing between you and that dream were overly-restrictive commodity and technology export licensing requirements on...more
You know who your friends are. You’ve known them for a long time, you understand one another, and, importantly, you trust each other.
Well, countries have friends too. Maybe country-friends have similar foreign and...more
10/30/2024
/ Australia ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
Licensing Rules ,
NASA ,
Outer Space ,
Regulatory Agenda ,
Regulatory Requirements ,
Satellites ,
Technology Sector ,
UK ,
USML
In a land before time (technologically speaking . . . so, like, the mid-nineties), the most basic software encryption functions were controlled under the U.S. International Traffic in Arms Regulations. The then-current...more
We may imagine that a space company begins with only a few screws and some sheet metal in a garage. But regardless of its origins, not long after that early phase, that same company is likely to have a global reach....more
10/22/2024
/ Cross-Border ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
NASA ,
New Rules ,
Outer Space ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Satellites ,
USML
Pull quote: “Every export—every single one—has a related financial transaction”
You are a banker. You do bankery things. You look at the ledgers, you tot up the numbers, you manage the accounts. Maybe you make loans,...more
This week of September 16, Paris will play host to the biggest spectacle of the year (sorry, Olympics), the World Space Business Week. Attendees will come from around the world to discuss advancements in commercial space and...more
9/16/2024
/ AUKUS ,
Australia ,
Bureau of Industry and Security (BIS) ,
Department of Defense (DOD) ,
Directorate of Defense Trade Controls (DDTC) ,
Export Controls ,
Exports ,
Infrastructure ,
ITAR ,
Satellites ,
Technology Sector ,
UK
As we pass the midpoint of a year marked by assertive enforcement of dual use laws, the Department of Commerce’s Bureau of Industry and Security (BIS) published an updated version of its Don’t Let This Happen to You! Guide....more
7/16/2024
/ Antiboycott Requirements ,
Bureau of Industry and Security (BIS) ,
China ,
Enforcement Actions ,
Entity List ,
Export Controls ,
Huawei ,
Licensing Rules ,
Self-Disclosure Requirements ,
Semiconductors ,
U.S. Commerce Department ,
Voluntary Disclosure
On March 29, 2024, BIS issued an interim final rule (IFR) updating and correcting its advanced computing and semiconductor regulations published in October 2023 (which we discuss here in Episode III). This marks the third...more
The EU plans to step up controls on its home grown technology. That is the short version.
The longer version is a (pretty dry) recitation of the proposed legislation and whitepapers that were published last week as the...more
Export controls are the manifestation of foreign, economic, and national security policy, and the implementation of policy requires dynamic adjustment, a back-and-forth, a balance. So. on December 7, 2023, amid the tightening...more
You’d be forgiven for thinking this Global Trade Law Blog has become a Semiconductors News Blog, with all the recent updates we have published on semiconductor regulation in the past year or two. And yes, we concede the...more
On Tuesday, October 17, 2023, the U.S. Bureau of Industry and Security (BIS) released a package of three rules (the 2023 Rules) targeting the Chinese semiconductor industry. The rules update the substantial semiconductor...more
10/23/2023
/ China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Semiconductors ,
Software ,
Technology ,
Trade Restrictions
On June 23, 2023, the EU released its 11th package of sanctions on Russia. This package is designed to improve enforcement with new anti-circumvention rules, new trade restrictions, and new designations. The...more
6/26/2023
/ Asset Freeze ,
Crude Oil ,
Economic Sanctions ,
EU ,
Export Controls ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
SDN List ,
Supply Chain ,
UK ,
Ukraine
The United States and its allies are aiming to choke off the supplies that support the last vestiges of Russian industry. On May 19, 2023, the Bureau of Industry and Security (BIS) released new regulations implementing...more
Between Russia’s invasion of Ukraine and growing U.S. tensions with China, U.S. export controls are in the spotlight like never before. As if regulators have not already made it clear enough, recent statements and actions...more
5/19/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
Exports ,
Investigations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Semiconductors ,
Ukraine
When can an employer use the “national security exception” under U.S. anti-discrimination law to make a hiring decision based on the national origin of the candidate? An often overlooked area of compliance is how to comply...more
4/27/2023
/ Anti-Discrimination Policies ,
Defense Sector ,
Department of Justice (DOJ) ,
Discrimination ,
Employment Discrimination ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
Foreign Nationals ,
Hiring & Firing ,
Immigration ,
Immigration Procedures ,
ITAR ,
Required Documentation
It looks like the licensing restrictions on Huawei are trickling into effect.
Our sources indicate that, as early as February 27, all license applications for exports or transfers involving Huawei which were pending with...more
3/6/2023
/ 5G Network ,
Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
Huawei ,
License Applications ,
Semiconductors ,
Telecommunications
In response to Russia’s ongoing aggression in Ukraine, both the United States and the European Union have imposed additional sanctions and further restricted exports to Russia and Iran. These new controls span many...more
2/28/2023
/ Economic Sanctions ,
Entity List ,
EU ,
Export Controls ,
Exports ,
Iran ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trade Restrictions ,
UK ,
Ukraine
On January 5, 2023, President Biden signed into law S. 1294, the “Protecting American Intellectual Property Act of 2022”. The Act requires the president to report to Congress and impose sanctions on any foreign person or...more
1/19/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
China ,
Entity List ,
Export Controls ,
Foreign Entities ,
Foreign Persons ,
Intellectual Property Protection ,
National Security ,
New Legislation ,
Sanctions ,
Theft ,
Trade Secrets ,
Trade Wars
As you may have heard here (and here and here), in October 2022, the United States issued sweeping measures aimed at the semiconductor industry in China. The new regulations restrict the export of semiconductors and related...more
12/21/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Japan ,
Microchip Technology ,
Netherlands ,
New Regulations ,
Semiconductors ,
Supply Chain ,
WTO