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BIS issues significant new export controls on certain cybersecurity items and related guidance

On October 21, 2021, the Bureau of Industry and Security (BIS) published an interim final rule (IFR) to implement significant new controls regarding certain cybersecurity items. The rule contains new and updated Export...more

Proposed rule seeks to significantly strengthen U.S. Government “Buy American” requirements

On 30 July 2021, the FAR Council published a proposed rule to significantly strengthen “Buy American” requirements applicable to goods sold to the U.S. Government. The proposed rule promotes the procurement of goods,...more

Biden Administration issues New Executive Order to protect Americans’ sensitive data

On January 9, 2021, the Biden Administration issued Executive Order (EO) 14034, to further address the declared national emergency with respect to the information and communications technology and services (ICTS) supply...more

Biden Administration sanctions target Russian technology and defense sectors and Russian sovereign debt

On 15 April 2021, the U.S. Government announced a number of new sanctions measures against Russia, targeting a variety of “harmful foreign activities” contrary to U.S. foreign policy. ...more

BIS targets companies involved in Chinese military research and development activities

The U.S. Commerce Department’s Bureau of Industry and Security has added seven Chinese entities to the Entity List. This rule is effective 8 April 2021.   On 8 April 2021, the U.S. Commerce Department’s Bureau of Industry and...more

U.S. broadens sanctions on Russia in connection with poisoning and imprisonment of Alexei Navalny

Over the course of the past few weeks, the U.S. Government has taken several actions against the Russian government in connection with the poisoning of Russian dissident Alexei Navalny. ...more

U.S. Commerce Department announces additional export controls on Burma

On 4 March 2021, the Department of Commerce's Bureau of Industry and Security (BIS) announced that it would impose additional export controls measures on Burma, adding to measures already taken by the Biden administration in...more

BIS issues new rule restricting transactions involving military-intelligence end uses and end users

On 15 January 2021, the Bureau of Industry and Security (BIS) published an interim final rule imposing new restrictions requiring licenses for transactions involving exports, reexports, or transfers, as well as certain...more

EO prohibits U.S. persons from engaging in certain transactions involving eight Chinese apps

On 5 January 2021, President Donald Trump issued Executive Order (EO) 13971 on "Addressing the Threat Posed By Applications and Other Software Developed or Controlled By Chinese Companies," which prohibits U.S. persons from...more

BIS issues new Military End-User List and removes Hong Kong as a Separate Destination Under the EAR

On 23 December 2020, BIS created a new Military End User List, naming more than 100 Chinese and Russian companies subject to the enhanced licensing requirements of section 744.21 of the EAR....more

BIS adds 70+ entities to Entity List, including many in China

On 18 December 2020, BIS added over 70 entities to the Entity List, including Semiconductor Manufacturing International Corporation (SMIC) of China. Most of these entities are subject to a presumption of denial for licenses...more

Court Rulings Reinforce Limitations on Sweeping Executive Orders Based on IEEPA

Recent court rulings enjoining enforcement of the Trump Administration’s Executive Order (“EO”) targeting TikTok show signs of curbing the sweeping powers of the International Emergency Economic Powers Act (“IEEPA”), which...more

OFAC settles case involving goods with more than de minimis controlled U.S.-origin content

On 24 September 2020, the U.S. Department of Treasury's Office of Foreign Asset Control (OFAC) announced a settlement with Keysight Technologies, Inc. (Keysight) for sanctions violations committed by its former subsidiary,...more

U.S. government adds 60 parties to Entity List including Chinese, Hong Kong, and Russian entities

On 26 August 2020 the United States Department of Commerce's Bureau of Industry and Security (BIS) expanded the Entity List, restricting certain transactions with 60 entities under a total of 61 entries to the Entity List....more

DOE identifies foreign adversaries, seeks input on securing the U.S. bulk-power system

On 8 July 2020, the Department of Energy (DOE) published a Request for Information (RFI) regarding the implementation of Executive Order (EO) 13920 of 1 May 2020, on Securing the United States Bulk-Power System. See our prior...more

President issues executive order eliminating Hong Kong's preferential treatment

On 14 July, the same day the president signed into law the Hong Kong Autonomy Act (the act), President Trump issued the Executive Order on Hong Kong Normalization (the EO) directing federal agencies to impose a range of trade...more

BIS issues frequently asked questions to clarify the military end use/user rule

On 29 June 2020, the final rule expanding the military end user/user controls (MEU) issued by the Bureau of Industry and Security (BIS) went into effect. On 26 June 2020, BIS issued an FAQs guidance document that provides...more

Department of Defense Lists Chinese Companies, with Chinese Military Ties, Operating in the United States

On 24 June 2020, the United States Department of Defense made public a list of Chinese companies operating in the U.S. that are associated with the Chinese military. ...more

China Entity List designations

On Friday, May 22, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) announced in two separate press releases that it would be adding a number of companies and governmental entities to the Entity...more

U.S. decertification under the Hong Kong Policy Act – what is changing now, and what happens next?

On 27 May 2020 U.S. Secretary of State Pompeo certified to Congress that the State Department no longer considers Hong Kong to have significant autonomy from China and therefore "Hong Kong does not continue to warrant...more

Trump administration issues Executive Order imposing broad new restrictions on foreign supply of equipment for the U.S. bulk-power...

On 1 May 2020 President Trump issued an "Executive Order on Securing the United States Bulk-Power System" (the Bulk-Power System EO), which establishes a framework for imposing broad new restrictions on the acquisition,...more

U.S. Department of Commerce imposes significant new export control restrictions on China, Russia, and Venezuela

On 28 April the U.S. Commerce Department, Bureau of Industry and Security published two final rules and a proposed rule amending the Export Administration Regulations that will further restrict and regulate transactions...more

BIS publishes rules regarding CIV and APR license exceptions and military end use and military end user controls for China, Russia...

Three important regulatory developments were published yesterday in the Federal Register by the Commerce Department’s Bureau of Industry and Security...more

FEMA releases exceptions to rule prohibiting exports of PPE – exports to Canada and Mexico are excluded and other important...

On 17 April the Federal Emergency Management Agency (FEMA) released significant exceptions (effective Friday 17 April, but to be published on 21 April) to FEMA's temporary final rule prohibiting exports of certain personal...more

Trump invokes Defense Production Act to block exports of Personal Protective Equipment

With reports of widespread shortages of personal protective equipment (PPE) and ventilators and the COVID-19 pandemic continuing to expand nationwide, the Trump Administration has turned to the Defense Production Act (DPA) –...more

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