NDAA, Export Administration Regulations (EAR)

US Department of Defense issues updated section 1260H Chinese military companies list

Hogan Lovells on 1/20/2025

On January 6, 2025, the U.S. Department of Defense updated its 1260H List, bringing the total to 134 entities across sectors like AI, aerospace, and biotechnology. Designation on the list signals risks such as restrictions on...more

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

The Volkov Law Group on 8/13/2024

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

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

Lowenstein Sandler LLP on 5/9/2024

On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more

State Department Proposes Amendment to ITAR, Aiming to Bolster AUKUS Partnership

Cozen O'Connor on 5/3/2024

On May 1, 2024, the U.S. State Department published a proposed rule to reduce International Traffic and Arms Regulations (ITAR) licensing requirements for the transfer of defense articles or services between the United...more

Existing and Proposed Federal AI Regulation in the United States

Morgan Lewis on 4/10/2024

The rapid rate at which technology is advancing poses a significant challenge to global regulatory authorities, and perhaps nowhere is this more evident than with respect to artificial intelligence (AI). While AI continues to...more

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

Fox Rothschild LLP on 11/2/2023

As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Escalation of U.S. Crackdown on Chinese Technology and Telecoms: Emerging Issues

Womble Bond Dickinson on 8/31/2023

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

OFAC 2020 Year In Review

Morrison & Foerster LLP on 2/16/2021

In too many ways to count, 2020 was an extraordinary year. As we move into 2021 with optimism for an end to the pandemic and better days ahead, we understand that the activity last year of the U.S. Department of the...more

U.S. Department of Commerce Publishes Military End User List for Restricting Exports to China and Russia

Miller Canfield on 12/29/2020

On December 23, 2020, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued the anticipated list of designated military end users (MEU List) under Section §744.21 (MEU Rule) of the Export Administration...more

Sudan No Longer Designated as State Sponsor of Terrorism, Impacting Export Restrictions

Wiley Rein LLP on 12/15/2020

On December 14, 2020, the State Department officially rescinded Sudan’s State Sponsors of Terrorism (SST) designation, because Congress did not issue a joint resolution of disapproval. Originally on October 26, 2020,...more

U.S. Government Formalizes End of Preferential Treatment for Hong Kong, Imposes Additional Sanctions Measures Affecting China and...

BCLP on 7/21/2020

The U.S. Government is continuing to implement measures under U.S. export controls and economic sanctions in response to China’s recent actions involving Hong Kong, including China’s enactment of a new national security law...more

New Rule Expands US Government Contracting Ban on Targeted Chinese Telecommunications

WilmerHale on 7/21/2020

Beginning on August 13, U.S. federal government agencies will be prohibited from issuing new contracts or extending or renewing existing contracts to entities that use certain telecommunications and video surveillance...more

New Syria, North Korea and Other Sanctions Provisions Enacted as Parts of the National Defense Authorization Act for Fiscal Year...

Orrick, Herrington & Sutcliffe LLP on 1/2/2020

On December 20, 2019, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2020 (“NDAA 2020”), which includes numerous sanctions-related provisions. The law includes the previously introduced...more

How the Latest CFIUS Regulations Will Impact U.S. and Non-U.S. Companies and Investors

Faegre Drinker Biddle & Reath LLP on 10/28/2019

The U.S. Treasury Department recently signaled that it is close to finalizing new regulations that will apply to investments by non-U.S. investors in U.S. companies, assets, and real estate subject to review under the...more

Second Round of U.S. Sanctions on Russia Pursuant to the Chemical and Biological Weapons Control Act

Akin Gump Strauss Hauer & Feld LLP on 8/14/2019

• The U.S. Department of State and the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) have imposed three new sanctions on Russia: o Effective August 26, 2019, U.S. banks (as defined below) are...more

Skadden's 2019 Insights: Enhanced US Export Controls and Aggressive Enforcement Likely to Impact China

Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2019

Tariffs targeting Chinese imports into the United States garnered headlines throughout 2018. However, during the latter part of the year, the U.S. government more quietly initiated efforts that in 2019 and beyond could be...more

US Department of Commerce Solicits Comments Regarding Emerging Technologies That Are Essential to US National Security

Skadden, Arps, Slate, Meagher & Flom LLP on 11/20/2018

On November 19, 2018, the Bureau of Industry and Security, U.S. Department of Commerce (BIS) published an advance notice of proposed rulemaking (ANPRM) soliciting comments on the criteria to be used to identify emerging...more

The "Emerging and Foundational" Impact of the Export Control Reform Act

Miller Canfield on 10/31/2018

The Export Control Reform Act of 2018 (ECRA) will have a foundational and emerging impact on the future of U.S. export controls and foreign direct investment. The ECRA sits within the voluminous John S. McCain National...more

Red Notice Newsletter - September 2018

Akin Gump Strauss Hauer & Feld LLP on 10/2/2018

ANTICORRUPTION DEVELOPMENTS - Petrobras Settles with U.S. Authorities Over Alleged FCPA Violations - On September 27, 2018, the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)...more

Congress Enacts the Export Controls Act of 2018, Extending Controls to Emerging and Foundational Technologies

Davis Wright Tremaine LLP on 9/27/2018

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

Tightened Restrictions on Technology Transfer Under the Export Control Reform Act

Skadden, Arps, Slate, Meagher & Flom LLP on 9/12/2018

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

The Export Control Reform Act and Possible New Controls on Emerging and Foundational Technologies

Akin Gump Strauss Hauer & Feld LLP on 9/12/2018

• 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

Red Notice Newsletter - August 2018

Akin Gump Strauss Hauer & Feld LLP on 9/6/2018

ANTICORRUPTION DEVELOPMENTS - $34 Million SEC Settlement for Legg Mason - On August 27, 2018, the Securities and Exchange Commission (SEC) announced that Legg Mason Inc. will pay more than $34 million to settle an...more

The US Tightens Export Controls Targeting China

WilmerHale on 8/3/2018

On August 1, 2018, the US Department of Commerce Bureau of Industry and Security (BIS) published a Federal Register notice stating that the US government had identified 44 Chinese companies as acting contrary to US national...more

More Cybersecurity Rules

Davis Wright Tremaine LLP on 10/23/2015

This update will cover two things: (1) the new (yes, again) Department of Defense cybersecurity interim/final rule on reporting cyber incidents by contractors / subcontractors and (2) the money to fund these new rules and...more

National Defense Authorization Act › Export Administration Regulations (EAR)

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