After months of speculation, the US government took steps to regulate outbound investment in specific foreign industries of concern. President Biden on August 9, 2023, issued Executive Order 14105 directing the Department of...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
China ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Notice Requirements ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Popular ,
Prohibited Transactions ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
In an interim final rule published on October 13, 2022, the US Commerce Department’s Bureau of Industry and Security (BIS) announced sweeping amendments to the Export Administration Regulations (EAR) that impose new...more
11/2/2022
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
End-Users ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
National Security ,
Popular ,
Semiconductors ,
U.S. Commerce Department
As Russia’s invasion of Ukraine continues, the White House countered with another wave of sanctions and export controls.
Building on the restrictions discussed in our Phase I and Phase II alerts, these new measures further...more
3/7/2022
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Defense Sector ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Financial Institutions ,
Foreign Direct Product Rule ,
General Licenses ,
Military End Use ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
SDN List ,
Software Developers ,
Source Code ,
U.S. Commerce Department
Earlier this week, following Russia’s aggressive incursion into Ukraine, we reported on the imposition of U.S. sanctions in response — a modest response that reserved the heavier sanctions that have been anticipated.
On...more
2/25/2022
/ Banking Sector ,
Belarus ,
Bureau of Industry and Security (BIS) ,
CAPTA List ,
Commerce Control List ,
Economic Sanctions ,
End-Users ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Institutions ,
Foreign Direct Product Rule ,
General Licenses ,
Military End Use ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Russia ,
SDN List
The U.S. Department of Commerce, Bureau of Industry & Security (BIS) has added 33 China-based companies to its Unverified List, which now includes more than 100 entities located in China. A listing of these companies is...more
In an interim final rule issued October 21, 2021, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) announced new Export Administration Regulations (EAR) controls on “cybersecurity items,” including...more
11/8/2021
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Cybersecurity ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
Popular ,
Public Comment ,
U.S. Commerce Department
In a well-received “spring cleaning,” the U.S. Department of Commerce’s Bureau of Industry & Security (BIS) has decluttered the thicket of regulations governing the export of encryption software and hardware. Among the...more
On January 19, 2021, the U.S. Department of Commerce published an interim final rule (the “ICTS Rule”) under former President Trump’s Information and Communications Technology and Services Executive Order issued in May 2019....more
The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) has implemented new sanctions affecting China pursuant to Executive Order (“E.O.”) 13959, one of the Trump Administration’s final actions. The...more
On Friday, November 6, 2020, the Commerce Department’s Bureau of Industry & Security (BIS) issued a Notice of Proposed Rulemaking (NPRM) seeking public comment regarding newly-proposed controls on certain software for...more
11/10/2020
/ Biotechnology ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
Emerging Technology Companies ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Foreign Investment ,
Foreign Nationals ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Public Comment ,
Research and Development ,
Software ,
Technology Sector ,
U.S. Commerce Department
On September 15, 2020, the U.S. Department of the Treasury issued a final rule modifying the mandatory filing requirements associated with reviews conducted by the Committee on Foreign Investment in the United States (CFIUS)...more
9/23/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Filing Requirements ,
Final Rules ,
Foreign Investment ,
Technology Sector ,
U.S. Treasury
To implement President Trump’s August 6, 2020 Executive Order on Addressing the Threat Posed by WeChat and Executive Order on Addressing the Threat Posed by TikTok, Friday, September 18, 2020, the U.S. Department of Commerce...more
On June 29, 2020, the U.S. Departments of State and Commerce announced stricter controls on exports to Hong Kong, withdrawing Hong Kong’s preferential treatment as an autonomous territory. The regulatory changes follow...more
On May 20, 2020, the U.S. Department of the Treasury issued a proposed rule modifying the mandatory filing requirements associated with certain foreign investments in U.S. businesses that deal with “critical technologies.”...more
On May 15, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule amending the Export Administration Regulations (EAR) to prohibit the supply of certain foreign-produced...more
5/20/2020
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
Huawei ,
National Security ,
New Rules ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
Time Extensions ,
U.S. Commerce Department
In a final rule issued April 28, 2020, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) announced new export control requirements relating to China, Russia, and Venezuela.
Effective June 29, 2020, BIS...more
On April 27, 2020, the U.S. Department of the Treasury published an interim rule requiring the payment of a filing fee to the Committee on Foreign Investment in the United States (CFIUS) in connection with CFIUS’s review of...more
Three months after its en banc decision in Suprema, Inc. v. Int’l Trade Comm’n 2012-1170 (Fed. Cir. Aug. 10, 2105), the Federal Circuit issued another much-anticipated opinion concerning the authority of the U.S....more
On Aug. 10, 2015, the Federal Circuit issued a much-anticipated opinion confirming the authority of U.S. International Trade Commission (“ITC” or “the Commission”) to stop importation of articles which are used, after...more
8/12/2015
/ Aiding and Abetting ,
Amicus Briefs ,
Covered Business Method Patents ,
Direct Infringement ,
En Banc Review ,
Imports ,
Induced Infringement ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Suprema ,
Vacated