News & Analysis as of

Export Administration Regulations

Sudan Now Open For Business, But Risks Remain

On October 12, 2017, the United States made permanent its lifting of a longtime general embargo on trade and investment with Sudan. As a result, U.S. individuals and companies are now generally free to engage in transactions...more

FIRRMA: Proposed CFIUS Legislation Would Bring Significant Changes

by White & Case LLP on

Senator John Cornyn (R-TX) and Representative Robert Pittenger (R-NC) have introduced parallel legislation that, if passed, would implement significant changes to the Committee on Foreign Investment in the United States...more

US Implements Changes to Cuba Sanctions

by Dechert LLP on

The U.S. Government this week announced changes to U.S. sanctions against Cuba to implement various policy changes announced by President Trump in July 2017 (for additional background, see our prior OnPoint from June 2017)....more

Red Notice Newsletter - October 2017

ANTICORRUPTION DEVELOPMENTS – Global Compliance Overhaul for SAP as DOJ and SEC Investigate Payments Allegedly Related to South African Government Contracts – On October 26, 2017, German software company SAP SE...more

United States Eases Sudan Sanctions

by White & Case LLP on

After 20 years of comprehensive sanctions against Sudan, the US government has revoked most sanctions with respect to Sudan and the Government of Sudan effective October 12, 2017. As a result of this action, US persons1 are...more

Trump Administration Lifts U.S. Sanctions on Sudan; Important Limitations Remain

Based on certain State Department findings, effective October 12, 2017, long-standing U.S. sanctions on the Republic of Sudan administered by OFAC under the Sudan Sanctions Regulations will be terminated, and U.S. persons...more

US Revokes Sudan Sanctions

On October 6, 2017, President Donald Trump and the U.S. Department of State announced the revocation of economic sanctions on Sudan, following the temporary lifting of sanctions on January 17, 2017. The announcement concluded...more

To Be Cyber Secure – May Not Mean You Are Export Secure

Ensuring that technical data is compliant with both export regulations and cybersecurity requires an understanding of what export controlled technical data/technology relate to and how they work together. The two major export...more

President Trump Delays Decision on Sudanese Sanctions for Three Months

by Jones Day on

On July 11, 2017, President Trump issued an executive order that postpones any decision regarding whether to terminate the comprehensive sanctions regime against Sudan for an additional three months—until October 12, 2017....more

President Trump Announces Rollback on Obama-era Cuba Sanctions Easing

by Morgan Lewis on

Changes to unwind will not take effect until new regulations are issued. On June 16, US President Donald Trump announced his decision to revoke some—but not all—of the relaxations in Cuba sanctions initiated under former...more

Top 10 Red Flags for Potential Export Violations

by Tucker Arensberg, P.C. on

If your business exports goods or services, it cannot afford to run afoul of the Commerce Department’s Export Administration Regulations (EAR). Criminal penalties can reach up to 20 years imprisonment and $1 million per...more

Additional Documentation Requirements Take Effect for Exports and Reexports of U.S. Items to and from Hong Kong

Effective today, the U.S. Department of Commerce Bureau of Industry and Security (BIS) has implemented support documentation requirements for a significant number of commodities, technologies, and software (collectively...more

"US Announces Record-Setting Penalties for Violations of Export Controls and Economic Sanctions"

On March 7, 2017, the United States announced that China’s Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd. and their respective affiliates (collectively, ZTE) had agreed to a record...more

U.S. Government Loosens Controls on Transactions Involving Sudan

by Holland & Knight LLP on

Before leaving office, former President Barack Obama signed Executive Order (E.O.) 13761 on Jan. 13, 2017, in response to "positive actions" by the Government of Sudan. E.O. 13761 establishes a basis for complete revocation...more

Managing global telecom supply chains – What telecommunications companies need to know about trade control laws

by Hogan Lovells on

Maintaining a global supply chain brings its share of commercial, financial, and regulatory risks. Increasingly, telecommunications companies with global operations and suppliers are finding that U.S. trade control laws...more

US Expands Cyber-Related Sanctions Executive Order and Designates Russian Parties

by White & Case LLP on

On December 29, 2016, President Obama issued a new Executive Order (EO) entitled "Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities."...more

U.S. Antiboycott Compliance: New Federal List Published

by Polsinelli on

Companies doing business in the Middle East take note: The Treasury Department recently published its quarterly list of countries that currently require participation or cooperation with an international boycott, such as the...more

Continuation of ZTE General License Until February 27, 2017

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) is again extending the general license for exports, reexports (shipments from one foreign country to another foreign country), and in-country transfers...more

November 15, 2016 Implementation Date for BIS and DDTC Harmonized Destination Control Statements

by Cohen & Grigsby, P.C on

As part of the President's Export Control Reform (E CR) initiative, the Department of Commerce, Bureau of Industry and Security (BIS) and the Department of State, Directorate of Defense Trade Controls (DDTC) issued a final...more

U.S. Authorities Roll Back the ‘180-Day Ban’ for Vessels Calling at Cuban Ports

by Reed Smith on

On October 17, 2016, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and the Commerce Department’s Bureau of Industry and Security (BIS) further eased sanctions against Cuba with a host of new...more

US Implements Regulation Changes for Encryption Products, Software and Technology

On September 20, 2016, the Bureau of Industry and Security (BIS) of the U.S. Commerce Department amended the Export Administration Regulations (EAR) and the list of goods, software and technology that are controlled under the...more

Redefining U.S. Export Controls: Takeaways from Key Changes Effective September 1st

On September 1, 2016 new rules previously published by the U.S. Department of Commerce, Bureau of Industry and Security (BIS)1 and the U.S. Department of State, Directorate of Defense Trade Controls (DDTC)2 will become...more

Final Rules Affecting Definitions of Export and Fundamental Research Take Effect

by Holland & Knight LLP on

Amended definitions under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) became effective today, Sept. 1, 2016. Although there are no significant changes to the scope or...more

Trade & Manufacturing - News of Note - August 2016

by King & Spalding on

ITC Votes to Extend Antidumping Duties on Imports of Porcelain-on-Steel Cooking Ware from China for Five More Years - On July 12, the International Trade Commission (ITC) voted 5-0 to extend the U.S. antidumping duty...more

Company Fined $100,000 for Export Violation Involving H-1B Employee

Microwave Engineering Corp., a Massachusetts-based microwave components company, has agreed to pay a $100,000 penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) for allowing an H-1B...more

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