Sina Kimiagar at Akin Gump Strauss Hauer & Feld LLP

U.S. Government Imposes Expansive, Novel and Plurilateral Export Controls Against Russia and Belarus

Key Points - As part of highly coordinated U.S. government and allied and partner country responses to Russia’s further invasion of Ukraine, and Belarus’ enabling of it, BIS imposed on February 24, 2022, and March 2,...more

3/10/2022 / Belarus , Belarus Sanctions , Bureau of Industry and Security (BIS) , Economic Sanctions , Export Administration Regulations (EAR) , Export Controls , Military End Use , Office of Foreign Assets Control (OFAC) , Russia , Ukraine

Licenses for Exports to Russia Related to Commercial Space Launches Must be Granted by September 1, 2021

As part of the United States’ response to Russia’s use of chemical weapons against Russian opposition figure Aleksey Navalny, the U.S. State Department applied a policy of denial to licenses and other approvals for exports to...more

6/16/2021 / Arms Embargo , Directorate of Defense Trade Controls (DDTC) , Export Administration Regulations (EAR) , Export Controls , Foreign Relations , ITAR , National Security , Russia

New Executive Order Restricts U.S. Persons from Trading in Publicly Traded Securities and Derivatives of Certain “Communist...

Key Points - On November 12, 2020, President Trump issued a new EO prohibiting U.S. persons from engaging in transactions in publicly traded securities of certain CCMCs, or any securities that are derivative of, or are...more

1/4/2021 / China , Department of Defense (DOD) , Derivatives , Executive Orders , Financial Instruments , NDAA , Office of Foreign Assets Control (OFAC) , Private Equity , Publicly-Traded Companies , SDN List , Trade Relations , Trump Administration , US Trade Policies

President Trump Issues Proclamation Suspending Entry of Certain Foreign Workers

- Visa issuance and entry of certain H-1B, H-2B, L-1, and J-1 visa holders are suspended. - Proclamation does not apply to anyone currently in the United States. - Proclamation does not apply to anyone who already...more

6/23/2020 / Coronavirus/COVID-19 , Department of Homeland Security (DHS) , Department of Labor (DOL) , Foreign Nationals , Foreign Students , Foreign Workers , H-1B , H-2B , Immigration Procedures , J-1 Visas , L-1 Visas , Non-Immigrant Visas , Presidential Proclamations , Trump Administration , USCIS , Visas

U.S. Supreme Court Rules that Trump Administration’s Rescission of DACA Was Unlawful

- The U.S. Supreme Court held that the Trump administration did not properly terminate the DACA program under the APA. - The DACA program is restored to its full form, as it existed prior to the rescission in 2017. -...more

6/22/2020 / Administrative Procedure Act , Arbitrary and Capricious , Citizenship , DACA , Department of Homeland Security (DHS) , Department of Homeland Security v Regents of the University of California , Educational Institutions , Path To Citizenship , Rescission , SCOTUS , Trump Administration , Trump v NAACP , USCIS , Wolf v Vidal , Work Permits

Commerce Department Extends Export Controls over Foreign-Made Items in Huawei’s Contract Manufacturing Supply Chain

- The U.S. Department of Commerce has published a highly complex and novel interim final rule extending the controls of the Export Administration Regulations (EAR) over foreign-made items in Huawei’s contract manufacturing...more

5/21/2020 / Bureau of Industry and Security (BIS) , Comment Period , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Foreign Direct Product Rule , Foreign Policy , General Licenses , Huawei , Interim Final Rules (IFR) , Manufacturers , National Security , Prohibited Transactions , Public Comment , Supply Chain , Technology Sector , Telecommunications , U.S. Commerce Department

State Department Responds to COVID-19 by Allowing Certain Third Country Remote Work, Extending Registrations and Licenses, and...

- On May 1, 2020, the State Department’s Directorate of Defense Trade Controls (DDTC) temporarily revised certain International Traffic in Arms Regulations (ITAR) requirements due to the ongoing COVID-19 pandemic. On May 6,...more

5/15/2020 / Coronavirus/COVID-19 , Defense Sector , Directorate of Defense Trade Controls (DDTC) , ITAR , Licenses , Registration Fees , Registration Requirement , Remote Working

BIS Announces the Elimination of License Exception CIV, Expanded Licensing Requirements on Exports to Chinese, Russian, and...

- On April 28, 2020, the Bureau of Industry and Security of the U.S. Department of Commerce announced changes to the Export Administration Regulations (EAR) through three notices published on the Federal Register. The changes...more

4/30/2020 / Bureau of Industry and Security (BIS) , Exceptions , Export Administration Regulations (EAR) , Export Controls , Exports , Final Rules , General Licenses , Licensing Rules , Military End Use , National Security , Proposed Rules , U.S. Commerce Department

President Trump Signs Proclamation Suspending Entry of Certain Immigrants

- Proclamation only suspends entry of applicants for an immigrant visa (“green card”) who are currently outside the United States. - Proclamation does not apply to anyone currently in the United States. - Proclamation...more

4/24/2020 / Foreign Nationals , Foreign Workers , Green Cards , Presidential Proclamations , Trump Administration , Visa Applications , Visas

Federal Protections Against Liability for Businesses Combatting COVID-19

- Federal emergency authorities targeting COVID-19 provide important protections to businesses for certain actions in connection with the national response to the public health crisis. - The protections include immunity...more

4/22/2020 / Anti-Kickback Statute , CARES Act , Coronavirus/COVID-19 , Defense Production Act , Department of Health and Human Services (HHS) , Health Care Providers , Immunity , Liability , Public Health , Public Health Emergency , Public Readiness and Emergency Preparedness Act (PREP Act) , Sanctions , Stark Law , Volunteers , Waivers

DHS Eases Immigration Rules Due to COVID-19 Pandemic

- Foreign visitors and employees can extend or change their immigration status. - DHS relaxes requirements for original documents and original signatures. - DHS offices are closed to the public but continue to...more

4/21/2020 / Coronavirus/COVID-19 , Department of Homeland Security (DHS) , E-Signatures , Employment Eligibility Verification , Filing Deadlines , Foreign Workers , Form I-9 , Passports , Remote Working , Time Extensions , Travelers , US Department of State , USCIS , Visa Applications , Visa Waiver Program , Visas

United States Suspends Visa Services Abroad, Cancels ESTA Entry Authorizations for European Visitors and Closes USCIS Field...

- Most U.S. Embassies and Consulates around the world have suspended visa services and cancelled visa interview appointments. - Individuals traveling to the United States on a Visa Waiver Program that are subject to the...more

3/19/2020 / Coronavirus/COVID-19 , ESTA , Foreign Nationals , Infectious Diseases , Public Health , Travel Restrictions , Travelers , USCIS , Visa Waiver Program , Visas

President Trump Suspends Entry of Travelers from 26 European Countries Due to COVID-19

- On March 11, 2020, President Trump issued a Presidential Proclamation restricting the entry of certain travelers that have been in one of 26 European countries in the 14 day period preceding their entry. - The rule...more

3/16/2020 / Airlines , Coronavirus/COVID-19 , Exemptions , Infectious Diseases , Presidential Proclamations , Public Health , Travel Ban , Travelers , Trump Administration

International Trade Impacts of The Coronavirus: Update On Government And Industry Actions And Key Considerations For Trade...

The new coronavirus, SARS-CoV-2, and the disease it causes, COVID-19, have created diverse, complex, and immediate challenges for world governments, multinational businesses, and other international institutions and projects....more

3/10/2020 / Airports , Coronavirus/COVID-19 , Economic Sanctions , Exports , Federal Funding , Health and Safety , Imports , Infectious Diseases , Manufacturers , Medical Supplies , Multinationals , New Guidance , Office of Foreign Assets Control (OFAC) , Public Health , Risk Assessment , Supply Chain , Trade Relations , Travel Restrictions , Travelers

Reminder: Commerce Department Prohibitions Pertaining to Huawei Can Apply to Transactions by Non-U.S. Companies

• Since the addition of Huawei and many of its affiliates to the Entity List, there has been significant media coverage over which types of transactions involving the listed entities are, and are not, prohibited without a...more

5/29/2019 / Bureau of Industry and Security (BIS) , Entity List , Export Administration Regulations (EAR) , Export Controls , Exports , Foreign Policy , General Licenses , Huawei , National Security , Prohibited Transactions , Software , Technology Sector , Telecommunications , U.S. Commerce Department

State and Commerce Open Public Comment Period on Rocket, Missile, Launch Vehicle, Spacecraft and Satellite Export Controls

• The Departments of State and Commerce are soliciting comments on USML Categories IV and XV and related entries on the CCL (e.g., 9x004, 9x515, 9x604). • This comment period is the first opportunity for industry to...more

3/13/2019 / Advanced Notice of Proposed Rulemaking (ANPRM) , Commercial Use , Emerging Technology Companies , Export Control Reform Act (ECRA) , Export Controls , Exports , NASA , Outer Space , Public Comment , US Department of State

Red Notice Newsletter - September 2018

ANTICORRUPTION DEVELOPMENTS - Petrobras Settles with U.S. Authorities Over Alleged FCPA Violations - On September 27, 2018, the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)...more

10/2/2018 / Anti-Corruption , Arms Export Control Act , Books & Records , Bureau of Industry and Security (BIS) , CAATSA , CEOs , Civil Monetary Penalty , Comment Period , Consent Order , Corporate Fines , Country of Origin , Criminal Conspiracy , Criminal Prosecution , Customs , Defense Contracts , Department of Defense (DOD) , Department of Justice (DOJ) , Economic Sanctions , Emerging Growth Companies , Energy Sector , Enforcement Actions , Executive Orders , Export Administration Regulations (EAR) , Export Control Reform (ECR) , Export Controls , Exports , Federal Trade Commission (FTC) , Foreign Corrupt Practices Act (FCPA) , Foreign Interference in US Elections , General Licenses , Guilty Pleas , Indictments , Investigations , ITSR , List of Specified Persons (LSP) , Manufacturers , Mining , Money Laundering , National Security , NDAA , Office of Foreign Assets Control (OFAC) , Oil & Gas , Pharmaceutical Industry , Public Comment , Real Estate Brokers , Recordkeeping Requirements , Remand , Reporting Requirements , Retailers , Securities and Exchange Commission (SEC) , Settlement Agreements , SFO , Testimony , Trump Administration , Voluntary Disclosure , Whistleblower Awards , Whistleblowers , Wire Fraud

Red Notice Newsletter - August 2018

ANTICORRUPTION DEVELOPMENTS - $34 Million SEC Settlement for Legg Mason - On August 27, 2018, the Securities and Exchange Commission (SEC) announced that Legg Mason Inc. will pay more than $34 million to settle an...more

9/6/2018 / 3-D Technology , Anti-Corruption , Appeals , Berry Amendment , Bribery , Bureau of Industry and Security (BIS) , CFIUS , Civil Monetary Penalty , Corruption , Criminal Conspiracy , Criminal Penalties , Criminal Prosecution , Critical Infrastructure Sectors , Customs and Border Protection , Declination , Department of Defense (DOD) , Department of Justice (DOJ) , Economic Sanctions , Embezzlement , Enforcement Actions , Entity List , Executive Orders , Export Administration Regulations (EAR) , Export Controls , Exports , Filing Requirements , FIRRMA , Foreign Corrupt Practices Act (FCPA) , Foreign Investment , Foreign Policy , Former Employee , General Licenses , Guilty Pleas , Immigration and Customs Enforcement (ICE) , Imports , Insurance Contracts , Internal Investigations , Iran Sanctions , Joint Comprehensive Plan of Action (JCPOA) , Jurisdiction , Licensing Rules , Money Laundering , National Security , NDAA , New Legislation , Office of Foreign Assets Control (OFAC) , Personal Data , Preliminary Injunctions , Probationary Period , Racketeering , Sanction Violations , Sanctions , Securities and Exchange Commission (SEC) , Settlement Agreements , SFO , Suspensions & Debarments , The Wassenaar Arrangement , Trade Agreements Act , Trump Administration , Wire Fraud , World Bank

Red Notice Newsletter - July 2018

ANTICORRUPTION DEVELOPMENTS - DOJ Extends FCPA Corporate Enforcement Policy to Misconduct in Mergers and Acquisitions - On July 25, 2018, in a speech to the Ninth Global Forum on Anti-Corruption Compliance in High Risk...more

8/1/2018 / Acquisitions , Anti-Corruption , Arrest , Bribery , Cooperation , Corporate Fines , Corporate Misconduct , Credit Suisse , Criminal Conspiracy , Criminal Convictions , Criminal Penalties , Customs , Customs and Border Protection , Customs Valuation , Department of Justice (DOJ) , Duty Free , Economic Sanctions , Enforcement Actions , EU , Export Administration Regulations (EAR) , Export Controls , Exports , False Claims Act (FCA) , FBI , Forced Labor , Foreign Corrupt Practices Act (FCPA) , Freight Forwarding , General Licenses , Guilty Pleas , Hiring & Firing , Imports , International Emergency Economic Powers Act (IEEPA) , Iran Sanctions , Mergers , Money Laundering , Non-Prosecution Agreements , North Korea , Office of Foreign Assets Control (OFAC) , Oil & Gas , Prejudgment Interest , Price-Fixing , Securities and Exchange Commission (SEC) , Settlement Agreements , Subpoenas , Supply Chain , Suspensions & Debarments , Termination , U.S. Commerce Department , Unfair or Deceptive Trade Practices , Venezuela , Waivers , Wire Fraud , World Bank , ZTE