News & Analysis as of

National Security Bureau of Industry and Security (BIS)

Morrison & Foerster LLP

Commerce Announces New Trade Controls Affecting Quantum Technologies and AI Developers

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

Pillsbury - Global Trade & Sanctions Law

BIS Imposes New Export Controls on Quantum, Semiconductor and Additive Manufacturing Technologies

On September 5, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule imposing significant new export controls on quantum computing, cryocooling systems, semiconductor...more

Dorsey & Whitney LLP

Commerce Department Adopts Sweeping Changes in U.S. Export Controls

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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

Blank Rome LLP

BIS Issues New Export Controls Targeting GAAFET, Quantum, and Additive Manufacturing, and Ushers in New Age of Plurilateral Export...

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The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) recently issued an interim final rule (“IFR”) under the Export Administration Regulations (“EAR”) imposing licensing requirements for exports to all...more

Adams and Reese LLP

International Compliance Digest – August 2024

Adams and Reese LLP on

August was another robust month in international trade that further signifies the need for corporations to invest in effective compliance programs. For starters, the DOJ unveiled a new program that incentivizes corporate...more

Williams Mullen

U.S. State Department Lifts ITAR Licensing Requirements for Australia and the UK Under the AUKUS Trilateral Security Partnership

Williams Mullen on

In May, the US State Department’s Directorate of Defense Trade Controls (DDTC) published its long-awaited rule amending the International Traffic in Arms Regulations (ITAR) to implement the AUKUS Trilateral Security...more

Dechert LLP

Read All About It: CFIUS Publishes Enforcement Information

Dechert LLP on

After over a year of preview, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has finally published information on its most recent enforcement actions. The actions were announced on...more

Husch Blackwell LLP

BIS Issues New Guidance to Combat Russia Diversion Risks and Highlights Recent Enforcement Actions

Husch Blackwell LLP on

Recently, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued new guidance to exporters intended to further assist BIS in its efforts to crack down on third-party diversion to Russia. ...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - August 2024

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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

The Volkov Law Group

BIS Publishes Proposed Revisions to EAR Addressing U.S. Person Support for “Foreign Security” and Military End Users

The Volkov Law Group on

On July 25, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two (2) new rules in the Federal Register that significantly expand the scope of existing “U.S. Person” prohibitions...more

Fenwick & West LLP

Access Control and Emerging Tech Remain Top Priorities in BIS Regulatory Agenda

Fenwick & West LLP on

The Bureau of Industry and Security (BIS) has published its spring 2024 regulatory agenda along with the rest of the Commerce Department. Of note is the continued focus on access to emerging technology, particularly relating...more

WilmerHale

BIS Sets Higher KYC Standards for Companies and Universities Over Russia Diversion Concerns

WilmerHale on

On July 10, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released new guidance (the “July 10 Release”) outlining different types of precautionary letters (“supplier list” letters, “Project...more

Hogan Lovells

BIS issues guidance on addressing diversion risk

Hogan Lovells on

On July 10, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published its Guidance to Industry on BIS Actions Identifying Transaction Parties of Diversion Risk (the Guidance) designed to help...more

Wiley Rein LLP

Commerce Department Removes Key Export Control Barriers for U.S. Industry Participants in Standards Activities

Wiley Rein LLP on

On July 18, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (IFR) amending the U.S. Export Administration Regulations (EAR) so that certain technology and software...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - JULY 12, 2024

Lowenstein Sandler LLP on

On June 20, the Department of Commerce’s Bureau of Industry and Security (BIS) for the first time banned a software and cybersecurity company using authority provided by June 2023’s “Protecting Americans’ Sensitive Data from...more

Latham & Watkins LLP

US Treasury Department Issues Notice of Proposed Rulemaking on Implementation of Outbound Investment: 5 Key Takeaways

Latham & Watkins LLP on

The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US. On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...more

Holland & Knight LLP

Commerce Department: Final Determination of Russia-Backed Cybersecurity, Antivirus Software

Holland & Knight LLP on

The U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS) within the Bureau of Industry and Security (BIS) issued a Final Determination on June 20, 2024, pursuant to Executive...more

Mayer Brown

BIS Issues First ICTS Ban, Prohibiting Sales and Updates to Kaspersky Products and Services in the US, while OFAC Sanctions Senior...

Mayer Brown on

On June 20, 2024, the Department of Commerce's Bureau of Industry and Security (BIS) issued a Final Determination (“Determination”) prohibiting Kaspersky Lab, Inc.—the US subsidiary of the Russia-based antivirus software and...more

Snell & Wilmer

The ENFORCE Act: Bipartisan Efforts to Decouple from China Target AI Export Controls

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Against the backdrop of increasing international competition in the artificial intelligence (AI) space, the Enhancing National Frameworks for Overseas Critical Exports Act (the ENFORCE Act) was recently introduced in the U.S....more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2024 - Australia and United Kingdom License Exemptions on the Way!

Canada has long enjoyed International Traffic in Arms Regulations (ITAR) license exemptions and minimal controls for items subject to the Export Administration Regulations (EAR). What about some of our other friends, such as...more

Akin Gump Strauss Hauer & Feld LLP

DOJ Announces First-Ever Corporate Declination Under National Security Division’s Voluntary Self-Disclosure Program

Key Points - On May 21, 2024, the DOJ announced its first ever declination under the NSD’s updated Enforcement Policy, declining to prosecute Sigma-Aldrich Inc., d/b/a MilliporeSigma (a subsidiary of Merck KGaA, Darmstadt,...more

Fenwick & West LLP

Bipartisan Group Introduces Legislation to Control Exports of AI Systems

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Overseas Critical Exports (ENFORCE) Act—a bill to expand the authority of the Bureau of Industry and Security (BIS) to control the export of artificial intelligence (AI) systems and other emerging technology with national...more

Fenwick & West LLP

Latest Updates in Trade Controls for the Tech Sector

Fenwick & West LLP on

Melissa Duffy and Trevor Coval contributed their thought leadership to the American Conference Institute’s 14th Annual Global Encryption, Cloud & Cyber Export Controls Conference, held in San Francisco on May 14-16. Melissa...more

Pillsbury - Global Trade & Sanctions Law

Further Enhancing Australia, United Kingdom, United States (AUKUS) Trilateral Security Partnership through Export Controls

On April 19, 2024, the Department of Commerce Bureau of Industry and Security (BIS) issued an interim final rule reducing export control licensing requirements for Australia and the United Kingdom (UK) as a means to further...more

Mayer Brown

US Congress Extends Statute of Limitations for Sanctions and Export Controls

Mayer Brown on

On April 24, 2024, President Biden signed into law H.R. 815, the National Security Supplemental (the “Act”). While much of the focus centered on the foreign aid package for Israel, Ukraine, and the Indo-Pacific, the bill...more

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