News & Analysis as of

Software U.S. Commerce Department Export Administration Regulations (EAR)

WilmerHale

BIS Issues Sweeping Additional Restrictions on Semiconductors and Advanced Computing, Entity List Designations

WilmerHale on

On December 2, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) released its third round of export controls primarily targeting China’s attempts to create an “independent and controllable”...more

King & Spalding

The U.S. Departments of Commerce and State Issue Proposed Rules Expanding Controls on Military and Security-Related Services, End...

King & Spalding on

To curtail U.S. persons from supporting the efforts of adversarial regimes, such as China and Russia, in advancing their military and intelligence capabilities, the U.S. is proposing a significant expansion of export control...more

Lowenstein Sandler LLP

New Prohibitions on Providing SaaS Services to Russia

In line with Group of Seven (G7) efforts to disrupt the Russian military-industrial base’s reliance on foreign IT systems, in June 2024 the U.S. Department of Commerce and the Department of the Treasury jointly issued new...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

Morrison & Foerster LLP

The United States Imposes New Sanctions and Export Control Restrictions to Further Constrain Russia’s War Efforts, Including by...

On June 12, 2024, the United States took several hard-hitting sanctions- and export control-related actions intended to intensify pressure on the Russian government and hamper Russia’s ability to continue to support its war...more

Wiley Rein LLP

Commerce Revises Export Rules on Entity List Companies Involved in Standard-Related Activities

Wiley Rein LLP on

On September 9, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule authorizing the release of certain U.S. technology and software in the context of standards-related...more

Wiley Rein LLP

Treasury, Commerce Target Russia’s Tech Sector, Defense Industrial Base

Wiley Rein LLP on

On March 31, 2022, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) imposed sanctions on 21 entities and 13 individuals “as part of its crackdown on the Kremlin’s sanctions evasion networks and...more

Lowenstein Sandler LLP

Trade Matters, March 2022: A monthly newsletter covering global trade & national security developments

1. United States Hits Russia With Expanded Sanctions and Export Controls- In what remains a rapidly changing environment, in the last several weeks, the U.S. government imposed significant additional sanctions on Russia,...more

Dorsey & Whitney LLP

BIS Considers Export Controls on Neurotechnology and Adds New Controls on Genetic Sequencing Software and Intrusion Software

Dorsey & Whitney LLP on

The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) has said it is contemplating new export controls on certain neurotechnology items and has adopted new controls on genetic sequencing software and...more

Wilson Sonsini Goodrich & Rosati

Intrusion Preclusion: BIS Issues Long-Awaited Controls on Cybersecurity Items, Creates New License Exception

On October 21, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule (the rule) implementing expanded export controls on cybersecurity items based on the belief that these items...more

Foley Hoag LLP

Department of Commerce Expands Export Controls Related to Certain Life Sciences Software

Foley Hoag LLP on

Effective October 5, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released a final rule applying export controls to software (a) designed for certain nucleic acid assemblers and synthesizers...more

Husch Blackwell LLP

After 9th Circuit Mandate BIS Formally Assumes Jurisdiction Over 3D Printed Firearms Technology And Software

Husch Blackwell LLP on

On January 23, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of State issued two final rules, available here and here. The final rules outlined the removal of...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

Skadden, Arps, Slate, Meagher & Flom LLP

Commerce Department’s New Export-Related Restrictions Inhibit Semiconductor Design by and Manufacturing for Huawei

In response to the announcement on Friday by the U.S. Department of Commerce of new export-related restrictions targeting Huawei Technologies Co., Ltd. and several of its non-U.S. affiliates (collectively, Huawei), Sen. Ben...more

Hogan Lovells

BIS revises Country Group designations for Russia and Yemen, imposing additional licensing requirements and removing availability...

Hogan Lovells on

On 24 February 2020 the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce published a final rule amending the Export Administration Regulations (EAR) and imposing additional export licensing...more

Hogan Lovells

U.S. imposes strict export controls on certain artificial intelligence software for automating the analysis of geospatial imagery

Hogan Lovells on

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) published an interim final rule on 6 January 2020 imposing licensing requirements on certain artificial intelligence software specially designed to...more

Cooley LLP

Alert: Export Control Reminder: Encryption Reporting Deadline February 1, 2020

Cooley LLP on

The new year brings with it the reporting deadlines for exports of encryption items under the US Export Administration Regulations. February 1, 2020, is the deadline for submitting annual self-classification reports for...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

Akin Gump Strauss Hauer & Feld LLP

Commerce Extends and Revises Temporary General License Authorizing Specified Transactions with Huawei and Its Affiliates; Adds...

• The Commerce Department’s Bureau of Industry and Security (BIS) has added 46 additional Huawei affiliates to the Entity List. The export, reexport, and transfer to these entities of commodities, software, and technology...more

Akin Gump Strauss Hauer & Feld LLP

Reminder: Commerce Department Prohibitions Pertaining to Huawei Can Apply to Transactions by Non-U.S. Companies

• Since the addition of Huawei and many of its affiliates to the Entity List, there has been significant media coverage over which types of transactions involving the listed entities are, and are not, prohibited without a...more

Wilson Sonsini Goodrich & Rosati

Emerging Technologies to Be Controlled for Export: Comments Due December 19, 2018

On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released its advance notice of proposed rulemaking (ANPRM) to control the export of emerging technologies. Comments on the ANPRM are...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

House Committee Holds Hearing on Export Control Reform Bill

On March 14, 2018, the House Committee on Foreign Affairs held a hearing titled “Modernizing Export Controls: Protecting Cutting Edge Technology and U.S. National Security” to examine the proposed Export Control Reform Act...more

Akin Gump Strauss Hauer & Feld LLP

DDTC and BIS Solicit Comments Regarding Controls over Explosives, Personal Protective Equipment, and Military and Intelligence...

• DDTC and BIS have published concurrent NOIs requesting public comments on the controls over the export and reexport of explosives, personal protective equipment, and military and intelligence electronics. (By volume and...more

Goodwin

Important Changes to Export Administration Regulations Affecting Software Industry

Goodwin on

On September 20, 2016, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule, revising 58 Export Classification Control Numbers (ECCNs), adding two ECCNs, and updating technical definitions in...more

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