News & Analysis as of

Export Control Reform Act (ECRA) Bureau of Industry and Security (BIS) Export Administration Regulations (EAR)

The Volkov Law Group

Flighttime Enterprises, Inc. and Employees Indicted Over Alleged Role in Facilitating Illegal Exports to Russia

The Volkov Law Group on

In one of the most significant enforcement actions involving the illicit export of aircraft components to Russia since the imposition of sweeping sanctions in response to the country’s invasion of Ukraine, the U.S. Department...more

Adams & Reese

International Compliance Digest - June 2024

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Sanctions and export controls were the top items of interest in June. On the compliance side, OFAC and the BIS announced new sanctions and export controls on Russia and Belarus. The new measures target individuals and...more

King & Spalding

New Ten-Year Statute of Limitations for Sanctions Violations

King & Spalding on

Implications Related to the Doubling of the Statute of Limitations for Civil and Criminal Violations of Two Primary Sanctions Authorities - SUMMARY - On April 24, 2024, President Biden signed into law a foreign military...more

Wiley Rein LLP

BIS Strengthens Export Controls Targeting China’s Acquisition of Semiconductor Equipment, Advanced Computing Items, and...

Wiley Rein LLP on

For the second year running, and in what may prove to be a regular process, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has significantly expanded export controls on specific semiconductor and...more

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – August 2023 Update

Bass, Berry & Sims PLC on

August saw two noteworthy Russia-related enforcement actions. First, a dual Russian-German national was arrested and charged with violating the Export Control Reform Act (ECRA) when he allegedly procured microelectronics for...more

Dorsey & Whitney LLP

Fundamental Research & National Security: Recent Developments & New Issues

Dorsey & Whitney LLP on

According to the National Center for Science and Engineering Statistics (“NCSES”), a key driver in the scientific and technological accomplishments of U.S. research universities is the volume of federal support for research...more

Snell & Wilmer

Voluntary Self-Disclosures: Update on Federal Agencies’ Efforts to Incentivize Self-Reporting Violations

Snell & Wilmer on

United States international trade regulatory agencies have updated voluntary self-disclosure (“VSD”) policies and guidance in an effort to incentivize private sector companies and individuals to self-report violations of U.S....more

Akin Gump Strauss Hauer & Feld LLP

BIS Has New Authorities to Impose Controls over Activities of US Persons in Support of Foreign Military, Security, or Intelligence...

Key Points - The Export Control Reform Act of 2018 has been amended to give BIS the authority to regulate services and other activities of U.S. persons, wherever located, when in support of foreign “military, security, or...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - December 2022- Complying with BIS’s Advanced Computing and Semiconductor Manufacturing Rules –...

U.S. industries supplying Chinese facilities with products, equipment, software, and technology used in semiconductor development and production are subject to regulatory controls under the Export Administration Regulations...more

Morgan Lewis

Congress Considers Legislation to Shift Export Control Jurisdiction from the Department of Commerce

Morgan Lewis on

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

Wiley Rein LLP

New Export Control Rules Target China’s Acquisition of Semiconductor Equipment, Advanced Computing, and Supercomputer Technologies

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On October 7, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced a series of long-awaited regulations – issued as an interim final rule – amending the Export Administration Regulations...more

Pillsbury - Global Trade & Sanctions Law

U.S. Commerce Department Implements Export Controls on Four New Emerging and Foundational Technologies

On August 15, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule introducing new controls on four “emerging and foundational technologies” that were identified during the...more

Morrison & Foerster LLP

Commerce Department Plan to Nix “Emerging” and “Foundational” Technologies Distinction in Export Controls

Those who have been waiting to see how exactly the United States Department of Commerce will distinguish and ultimately control “emerging” and “foundational” technologies may not get an answer after all....more

Wiley Rein LLP

Commerce Calls for Comments on U.S.-EU Export Control Cooperation

Wiley Rein LLP on

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

Foley Hoag LLP - White Collar Law &...

Sanctions/Export Controls Trends in 2021

This is the second in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed SEC enforcement. Up next,...more

Wiley Rein LLP

Commerce Department Expands Controls on Military-Intelligence End Uses and End Users, Proliferation of WMDs

Wiley Rein LLP on

In a rule that takes effect on March 16, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has determined to impose additional export licensing requirements in connection with military-intelligence...more

Kelley Drye & Warren LLP

BIS Rule Will Impose New Restrictions on “Military-Intelligence” End Users and End Uses in China, Russia, and Venezuela

On January 15, 2021, the Bureau of Industry and Security (BIS) published an Interim Final Rule to implement new end-user and end use controls mandated by the Export Control Reform Act of 2018 (ECRA)....more

Husch Blackwell LLP

BIS Amends EAR To Implement Export Enforcement Provisions Of Export Control Reform Act

Husch Blackwell LLP on

The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) recently issued a final rule, effective November 18, 2020, which revises certain provisions of the Export Administration Regulations (“EAR”) to...more

Wiley Rein LLP

Commerce Publishes New Controls on Emerging Technologies

Wiley Rein LLP on

On October 5, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a rule implementing certain changes in the Export Administration Regulations (EAR) that were agreed upon in December 2019...more

Husch Blackwell LLP

BIS Seeks Comments On Identifying “Foundational Technologies”

Husch Blackwell LLP on

The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) recently published an Advanced Notice of Proposed Rulemaking (“ANPRM”) regarding the identification and review of controls for certain “foundational...more

Williams Mullen

Commerce Adopts Export Controls on Artificial Intelligence Software for Geospacial Imagery – Controls on Additional Technologies...

Williams Mullen on

On January 6, 2020 the Bureau of Industry and Security (“BIS”) within the Commerce Department adopted export licensing requirements on certain artificial intelligence software used to automate the analysis of geospatial...more

Wilson Sonsini Goodrich & Rosati

Artificial Intelligence Software Controlled for Export, Including to Foreign National Employees

On January 6, 2020, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released an interim final rule controlling the export of certain artificial intelligence software relating to geospatial imagery...more

Akin Gump Strauss Hauer & Feld LLP

BIS Publishes a Temporary Unilateral Control on a Type of Machine Learning Software for Automating Analyses of Geospatial Imagery...

Key Points - On January 6, 2020, BIS published an interim final rule to add a new worldwide (minus Canada) unilateral export control on a type of geospatial imagery software specially designed for training Deep...more

ArentFox Schiff

US Issues First Unilateral Export Control on Artificial Intelligence Software

ArentFox Schiff on

This software now requires a BIS authorization to be exported or reexported to all countries except for Canada. Companies that develop or use artificial intelligence (AI) to solve geospatial problems or in geospatial...more

WilmerHale

DOJ Revises and Re-Issues Export Control and Sanctions Enforcement Policy for Business Organizations

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On December 13, 2019, the National Security Division (NSD) of the U.S. Department of Justice (DOJ) issued a revised policy regarding voluntary disclosure of export control and sanctions violations by business organizations...more

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