Typically, the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce administers export controls on end users by designating those persons on one of its public screening lists—e.g., the Unverified List,...more
On May 14, 2024, President Biden announced new trade tariffs on goods from China, aimed at protecting American workers and businesses. The measure imposes tariffs between 25% and 100% of the value of the imported item,...more
As the lead agency for the Committee on Foreign Investment in the United States (CFIUS or the Committee), the U.S. Department of the Treasury released new proposed rules on April 11, 2024 intended to enhance the enforcement...more
5/6/2024
/ Administrative Procedure ,
CFIUS ,
Civil Monetary Penalty ,
Comment Period ,
Compliance ,
Enforcement ,
Enforcement Authority ,
FIRRMA ,
Jurisdiction ,
Mitigation ,
Proposed Rules ,
Real Estate Transactions ,
U.S. Treasury
With the current state of the world and heightened scrutiny of the nonprofit sector, it is critical that nongovernmental organizations (NGOs) with international reach routinely assess the effectiveness of their trade...more
2/27/2024
/ Compliance ,
Cross-Border Transactions ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Internal Controls ,
International Relations ,
International Travel ,
Know Your Customers ,
National Security ,
NGOs ,
Nonprofits ,
Policies and Procedures ,
Risk Assessment ,
Risk Management
As federal regulators have recently made clear, steamship lines, non-vessel-operating common carriers, indirect air carriers, freight forwarders, and others involved in the global movement of cargo must ensure that their...more
1/24/2024
/ Air Cargo ,
Air Carriers ,
Bureau of Industry and Security (BIS) ,
China ,
Common Carriers ,
Compliance ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Extraterritoriality Rules ,
Freight Forwarding ,
Iran ,
Maritime Transport ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Risk Management ,
Russia ,
Shipping ,
Shipping Cargo ,
Vessels
Since the outset of the Russian aggression in Ukraine, the Biden administration has issued incremental sanctions targeting various sectors of the Russian economy, aimed at curbing Russia's ability to wage war against Ukraine....more
9/28/2023
/ Australia ,
Biden Administration ,
Construction Industry ,
Defense Sector ,
Economic Sanctions ,
Energy Sector ,
EU ,
Financial Transactions ,
Foreign Policy ,
General Licenses ,
Manufacturers ,
Military Conflict ,
New Zealand ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Supply Chain ,
Technology Sector ,
UK ,
Ukraine
As members of Congress continue to negotiate government spending levels allotted for the next fiscal year, the United States is poised for its fourth partial government shutdown in the last decade—putting at risk the regular...more
9/26/2023
/ Appropriations Bill ,
Bureau of Industry and Security (BIS) ,
Census Bureau ,
Customs and Border Protection ,
Department of Transportation (DOT) ,
Directorate of Defense Trade Controls (DDTC) ,
Federal Budget ,
Federal Maritime Commission ,
Government Agencies ,
Government Shutdown ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
U.S. House
On August 9, 2023, the Biden administration issued its long-anticipated executive order (E.O.) that will prohibit, or impose notification requirements on, U.S. investment in a targeted set of advanced technology sectors in...more
Voluntary self-disclosure is a valuable remediation measure for companies who identify their own potential violations of U.S. sanctions, export controls, and other national security laws....more
8/2/2023
/ Bank Secrecy Act ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Cooperation ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Export Controls ,
Exports ,
FinCEN ,
Joint Statements ,
National Security ,
Non-Prosecution Agreements ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Prohibited Transactions ,
Remediation ,
Self-Reporting ,
Totality of Circumstances Test ,
Voluntary Disclosure ,
Whistleblowers
The EU's foreign policy chief, Josep Borrell, said in March that the bloc has nearly exhausted its options for punitive measures against Russia: "There is little left to control other than basic commercial items." The focus...more
On April 18, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued a policy memorandum clarifying the Office of Export Enforcement’s (OEE) policies encouraging both Voluntary Self-Disclosures...more
5/1/2023
/ Bureau of Industry and Security (BIS) ,
Civil Monetary Penalty ,
Enforcement ,
Enforcement Actions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Policy Memorandums ,
Self-Disclosure Requirements ,
Self-Reporting ,
Statutory Violations ,
U.S. Commerce Department ,
Voluntary Disclosure
As we pass the one-year anniversary of Russia's invasion of Ukraine, the U.S. government has launched an interagency initiative to crack down on evasion and violations of U.S. sanctions and export controls targeting Russia...more
3/7/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Ukraine
Those navigating the federal restrictions on foreign investment administered by the Committee on Foreign Investment in the United States (CFIUS) must contend with yet another dynamic: possible state restrictions. With respect...more
On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS or Committee) issued novel Enforcement and Penalty Guidelines (Guidelines), which emphasize the enforcement aspect of its legal...more
On Tuesday, October 18, 2022, U.S. Customs and Border Protection (CBP) published two final rules implementing long-awaited changes to its customs broker regulations (19 C.F.R. Part 111). Issued after an extended review by the...more
Following the Advance Notice of Proposed Rulemaking on Demurrage and Detention Billing Requirements published in the Federal Register in February, the Federal Maritime Commission (FMC or “the Commission”) notified the public...more
On Friday, October 7, 2022, the Biden administration introduced significant new export controls targeting the People's Republic of China (PRC), aimed at countering military and technological modernization efforts of...more
10/12/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Relations ,
Semiconductors ,
Technology Sector
On Friday, October 7, 2022, the Biden administration introduced significant new export controls targeting the People's Republic of China (PRC), aimed at countering military and technological modernization efforts of...more
10/12/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Relations ,
Semiconductors ,
Technology Sector
On September 15, 2022, President Biden signed an executive order (EO) directing consideration of certain national security factors by the Committee on Foreign Investment in the United States (CFIUS or "the Committee")...more
9/21/2022
/ Biden Administration ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
National Security ,
Supply Chain ,
Technology Sector
On June 16, 2022, President Biden signed into law the Ocean Shipping Reform Act of 2022 ("OSRA 2022"), which amended the Shipping Act of 1984 ("the Shipping Act"). Among the various amendments, OSRA 2022 included a new...more
On June 24, 2022, the Federal Maritime Commission’s Office of the General Counsel issued an opinion on the effective date of the new Ocean Shipping Reform Act of 2022 (“OSRA 2022”), Pub. L. 117-146. Per the General Counsel,...more
Earlier this week, the U.S. House of Representatives approved the Ocean Shipping Reform Act of 2022 (OSRA 2022) in a 369-42 vote. OSRA 2022 is a bipartisan bill introduced by Senator Amy Klobuchar (D-MN) and Senator John...more
On May 3, 2022, the Office of the United States Trade Representative (USTR) announced it would be "commencing the statutory four-year review" of the Section 301 actions, effectively starting a process to potentially terminate...more
On April 22, 2022, the Federal Maritime Commission (FMC) fined Hapag-Lloyd A.G. and its agent, Hapag-Lloyd (America) LLC (collectively referred to as "Hapag-Lloyd"), for violating § 41102(c) of the Shipping Act of 1984. The...more
As the conflict in Ukraine escalates, the United States and its allies continue to ramp up pressure against the Russian government with new, increasingly punitive sanctions and other economic measures. The latest wave of...more
4/7/2022
/ Biden Administration ,
Economic Sanctions ,
Executive Orders ,
Financial Transactions ,
Foreign Policy ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Ukraine