ITAR for Facility Security Officers
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
On September 30, 2024, China’s State Council issued the Regulations on the Export Control of Dual-use Items (the “Regulations”), which will take effect on December 1, 2024. This marks the first time the Chinese government has...more
On September 1, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released new guidelines to support deemed export applicants in acquiring necessary licenses. While these guidelines are primarily...more
On August 14, 2024, the U.S. Department of Commerce's Bureau of Industry and Security (“BIS”) issued guidance to the U.S. academic community regarding compliance with export controls and to protect U.S. national security....more
The Department of Commerce, Bureau of Industry and Security (BIS) just announced two developments impacting the Artificial Intelligence (AI) and advanced technologies sectors. Specifically, BIS imposed the first export...more
On September 6, the Bureau of Industry and Security (“BIS”) in the U.S. Commerce Department issued an interim final rule (“IFR”) under the Export Administration Regulations (“EAR”) to add new export controls on semiconductor,...more
The Bureau of Industry and Security (BIS) issued new guidance to prevent the diversion of controlled items to Russia. This guidance recommends the use of the Trade Integrity Project (TIP) database, which tracks suppliers with...more
To curtail U.S. persons from supporting the efforts of adversarial regimes, such as China and Russia, in advancing their military and intelligence capabilities, the U.S. is proposing a significant expansion of export control...more
On October 25, 2023, the Bureau of Industry and Security (“BIS”) published interim final rules amending the Export Administration Regulations (“EAR”) to add/clarify new controls on semiconductor manufacturing equipment...more
In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives....more
In a rule effective August 11, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) expanded nuclear nonproliferation controls on China, as part of the U.S. government’s latest efforts to address...more
The realm of international trade and commerce operates under a complicated system of export control regimes that are designed to protect national security, curb the proliferation of sensitive technologies, and ensure strict...more
On October 7, 2022, the Biden Administration announced new restrictions on exports to China of advanced integrated circuits (“ICs”), computers and components containing advanced ICs, semiconductor manufacturing equipment, and...more
Based on consistent comments by the US Congress, think tanks, and the US-China Economic and Security Review Commission, several members of Congress proposed legislation to shift jurisdiction for export controls from Commerce...more
The Commerce Department has adjusted its export control enforcement program. The Bureau of Industry and Security (“BIS”) announced the new administrative policies and gave notice to the industry and public. BIS is now...more
On November 30, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a notice of inquiry and request for comments on how U.S. and European Union dual-use export controls and practices may be...more
Tom McVey and Rosanne Jacuzzi of Williams Mullen discuss important issues under ITAR and EAR for FSOs and other compliance professionals, including requirements under the law and strategies for compliance....more
• The Department of Commerce has announced that it plans to eliminate License Exception CIV (civil end-users) from the Export Administration Regulations (EAR). • Businesses who use or have considered using License...more
ANTICORRUPTION DEVELOPMENTS - DOJ Files Superseding Indictment in Haitian Port Corruption Plot - On October 30, 2018, the U.S. Department of Justice (DOJ) filed a superseding indictment in the District of Massachusetts...more
As part of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2019, Public Law No: 115-232, Congress enacted the Export Controls Act of 2018 (“ECA”)....more
On August 13, 2018, President Donald Trump signed into law the John S. McCain National Defense Authorization Act (NDAA) for fiscal year 2019. A key focus of legislation contained in the NDAA is to protect U.S. technological...more
• ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce’s BIS. The new law codifies long-standing BIS policies and does not require...more