News & Analysis as of

Final Rules Export Administration Regulations (EAR) National Security

ArentFox Schiff

BIS and DDTC Announce New Rules to Modernize Space-Related Export Controls

ArentFox Schiff on

On October 23, 2024, the US Department of Commerce’s Bureau of Industry and Security (BIS) and the US State Department’s Directorate of Defense Trade Controls (DDTC) issued a tranche of new rules to overhaul and modernize US...more

Vinson & Elkins LLP

Sweeping New Framework Expands BIS Export Controls on Advanced Computing ICs and AI Technologies

Vinson & Elkins LLP on

On January 13, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued its Framework for Artificial Intelligence Diffusion, an Interim Final Rule revising the Export Administration Regulations...more

Wiley Rein LLP

BIS Announces New Regulatory Framework for AI and Controls on Advanced Computing Technology and AI Models

Wiley Rein LLP on

On January 13, 2025, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) announced an interim final rule (IFR) that modifies and expands export controls on advanced computing integrated circuits (IC) and...more

ArentFox Schiff

The Parting Blow – Biden Administration Issues Sweeping Export Controls on AI Models and Advanced Chips

ArentFox Schiff on

The US Department of Commerce’s Bureau of Industry and Security (BIS) introduced its long-anticipated (some would say dreaded) Framework for Artificial Intelligence Diffusion (the AI Diffusion Rule) on January 15. Highlights...more

Troutman Pepper Locke

U.S. Commerce Department ‎Coordinates Efforts With OFAC to Counter National Security ‎Threats

Troutman Pepper Locke on

The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) introduced a significant final rule on March 20, 2024, intending to fortify national security. This rule amendment enhances restrictions under the Export...more

Dechert LLP

The U.S. Department of Commerce Finalizes the CHIPS Act’s Guardrails to Curb National Security Risks

Dechert LLP on

On September 25, 2023, the U.S. Department of Commerce (“Commerce”) issued the final rule (the “Final Rule”) regarding the use of funds offered under the CHIPS and Science Act (the “CHIPS Act”). The Final Rule...more

Hogan Lovells

U.S. implements new export controls on toxins, plant pathogens and biological equipment

Hogan Lovells on

The United States Department of Commerce’s Bureau of Industry and Security has issued regulations to amend the Export Administration Regulations to implement changes to controls of certain viruses, marine toxins, plant...more

Hogan Lovells

BIS continues to expand export controls on Russia and Belarus and adds 71 entities to the Entity List

Hogan Lovells on

On 2 June 2022, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) issued two final rules, effective on the same day, that revised the Export Administration Regulations (“EAR”) pertaining to the U.S.’s...more

Akin Gump Strauss Hauer & Feld LLP

Prominent Chinese Academy of Military Medical Sciences is Added to Export Control Blacklist

The U.S. Commerce Department has added China’s Academy of Military Medical Sciences (AMMS) and 11 of its affiliated research institutes to the Entity List, thereby prohibiting exports, reexports and in-country transfers of...more

Hogan Lovells

BIS adds 27 entities to the Entity List from China, Japan, Pakistan, and Singapore

Hogan Lovells on

On November 26, 2021, the Bureau of Industry and Security (BIS) published a Final Rule adding 27 entities to the Entity List under the Export Administration Regulations (EAR). These entities are located in China, Japan,...more

Morgan Lewis

CFIUS Concerns in Life Science Investment and Venture Capital Transactions

Morgan Lewis on

There has been a significant increase in cross-border investment (FDI) in the US life sciences industry, including both medtech and biopharmaceutical companies. Determining if life sciences companies, particularly those in...more

White & Case LLP

US Commerce Department issues “Military End User” List

White & Case LLP on

On December 23, 2020, the US Department of Commerce's Bureau of Industry and Security ("BIS") issued a final rule creating a "Military End User List" ("MEU List") under the Export Administration Regulations ("EAR"). The final...more

BCLP

BIS Rule Changes: The Gift That Keeps on Giving

BCLP on

As 2020 comes to a close, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) continues to implement new measures targeting countries of interest, among them Russia and China (which now, for export...more

Cooley LLP

Alert: US Government Imposes Export Restrictions on SMIC, DJI and 75 Other Entities

Cooley LLP on

The US Department of Commerce’s Bureau of Industry and Security has issued a Final Rule adding 77 companies to the Entity List, a restricted party list that identifies foreign persons that engage in activities contrary to US...more

ArentFox Schiff

US Expands Military License Review Factors for National Security Controlled Items to PRC, Venezuela, and Russia

ArentFox Schiff on

The US Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule amending the license review policy for items on the Commerce Control List that are controlled for national security (NS) reasons and are...more

Morrison & Foerster LLP

New Rules For Mandatory CFIUS Filings Take Effect On October 15

Parties to investment transactions involving U.S. businesses engaged in “critical technologies” activities will soon be subject to modified requirements for mandatory filings to the Committee on Foreign Investment in the...more

WilmerHale

New Commerce Department FAQs Require Due Diligence by Exporters to Assess Chinese Military End Uses and Users

WilmerHale on

On June 29, 2020, the Commerce Department issued 32 Frequently Asked Questions (FAQs) concerning revision - effective as of the same date - to Part 744.21 of the Export Administration Regulations (EAR). As we discussed in a...more

Perkins Coie

BIS Tightens Controls on Exports of National Security-Controlled Items

Perkins Coie on

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) on April 28, 2020, published two final rules and a proposed rule that substantially tighten the controls in the Export Administration Regulations (EAR)....more

BCLP

Exporting Under the EAR? Beware BIS Changes to Military End-Use/Military End-User Restrictions and License Exceptions

BCLP on

In a burst of activity, the US Department of Commerce, Bureau of Industry and Security (BIS) issued two final rules and one proposed rule. These rules, published in the Federal Register on April 28, 2020, made a series of...more

Akin Gump Strauss Hauer & Feld LLP

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

Bennett Jones LLP

CFIUS' Jurisdiction to Review Foreign Investments Expands Effective February 13, 2020

Bennett Jones LLP on

The U.S. Treasury Department, on behalf of the Committee on Foreign Investment in the United States (CFIUS) issued two final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA),...more

Jones Day

Facing FIRRMA: Treasury Releases Final CFIUS Regulations

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury Department") released final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"), which, among other things, effectuate...more

Polsinelli

CFIUS: Final FIRRMA Regulations Provide New Challenges, Opportunities for Foreign Investors

Polsinelli on

The Department of Treasury has released the final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which contain significant changes to the process by which the Committee on...more

Proskauer Rose LLP

Treasury Issues Final CFIUS Rules Implementing FIRRMA: Updates to the Proposed Rules and Where FIRRMA Landed

Proskauer Rose LLP on

On January 13, 2020, the U.S. Department of Treasury issued final regulations (the "Final Rules") that implement most of the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"). While the Final Rules provide...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Adds Huawei, Its Non-US Affiliates Worldwide and Others to the Entity List

• On May 16, 2019, the U.S. Department of Commerce published a final rule adding Huawei and 68 other companies, mostly its non-U.S. affiliates worldwide, to the Entity List... The rule will be officially published in the...more

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