On January 13, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an Interim Final Rule (IFR), establishing new export controls targeting advanced artificial intelligence (AI) chips and model...more
1/24/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Data Centers ,
Data Security ,
Export Administration Regulations (EAR) ,
Export Controls ,
Intellectual Property Protection ,
Machine Learning ,
National Security ,
Regulatory Requirements ,
Technology Sector
Broad Tariff Increases Could Reshape Global Trade: The aggressive use of tariffs could create significant trade disruptions for businesses dependent on global supply chains, and pair novel use of authorities with existing...more
11/25/2024
/ Artificial Intelligence ,
CFIUS ,
China ,
Cuba ,
Dual Use Goods ,
Economic Sanctions ,
Export Controls ,
FIRRMA ,
Forced Labor ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Iran ,
Jurisdiction ,
Middle East ,
Popular ,
Russia ,
Section 301 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Trade Act of 1974 ,
Trade Expansion Act of 1962 ,
United States-Mexico-Canada Agreement (USMCA) ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Venezuela
The Final Rule formalizes a new governmental system to monitor through a notification process and, when necessary, restrict investments in China that may be viewed as a national security risk.
The regulations have broad...more
11/8/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Brownfield Properties ,
Bureau of Industry and Security (BIS) ,
China ,
Final Rules ,
Greenfield Projects ,
Investment ,
Joint Venture ,
Limited Partnerships ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Notifications ,
Popular ,
Risk Management ,
SDN List ,
Semiconductors ,
U.S. Treasury
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
The outbound investment program will affect U.S. persons considering certain investments or other transactions involving China and specific industry sectors (e.g., semiconductors, artificial intelligence and quantum...more
7/16/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Covered Entities ,
Covered Transactions ,
Foreign Investment ,
Investment ,
Limited Partnerships ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Prohibited Transactions ,
Proposed Regulation ,
U.S. Treasury
On May 28, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations (CACR) to better implement the Biden-Harris Administration’s policy aimed at...more
6/10/2024
/ Biden Administration ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Economic Sanctions ,
Entrepreneurs ,
Export Controls ,
Human Rights ,
Internet ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Private Sector ,
U.S. Treasury
On May 22, USTR followed up the recommendations in its March 14 report with specific proposals for increases in Section 301 tariffs.
There will be an exclusion process allowing interested parties to request temporary...more
On May 14, 2024, the U.S. Trade Representative (“USTR”) published the Four-Year Review of Actions Taken in the Section 301 Investigation (“Report”), which addresses the four-year review of China-related tariffs under Section...more
The U.S. Department of Commerce amended the Export Administration Regulations (EAR), effective March 15, 2024, to move Nicaragua from Country Group B to Country Group D, and added it to the list of countries subject to the...more
New Tri-Seal Compliance Note highlights sanctions and export control compliance expectations for non-U.S. persons.
Three agencies overseeing U.S. trade law compliance provided an overview of where U.S. sanctions and export...more
3/27/2024
/ Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Transactions ,
Foreign Corporations ,
Foreign Direct Product Rule ,
Foreign Jurisdictions ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Risk Assessment ,
Risk Mitigation ,
Trade Relations ,
U.S. Commerce Department ,
U.S. Treasury
This past year saw a continued trend in building supply chain resiliency, as this topic has grown increasingly important following Covid-19, the conflict in Ukraine, shifting landscape on tariffs, forced labor concerns and a...more
2/23/2024
/ China ,
Customs and Border Protection ,
Export Controls ,
Forced Labor ,
Foreign Adversaries ,
Imports ,
National Security ,
Section 301 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Uyghur Forced Labor Prevention Act (UFLPA)
Takeaways: On January 16, 2024, the Bureau of Industry and Security (“BIS”) Office of Export Enforcement (“OEE”) announced several updates to its Voluntary Self-Disclosure (VSD) process aimed at enhancing the program’s...more
During 2023 both Congress and the Biden Administration repeatedly expressed the need to secure critical supply chains, particularly batteries that rely heavily on lithium and critical minerals sourced from China. Concerns...more
1/31/2024
/ Batteries ,
China ,
Entity List ,
Exports ,
Forced Labor ,
Human Rights ,
Imports ,
Inflation Reduction Act (IRA) ,
National Security ,
Supply Chain ,
Tax Credits ,
Uyghur Forced Labor Prevention Act (UFLPA)
On October 5, 2023, the National Archives Information Security Oversight Office (ISOO) released a joint notice to provide guidance on facility clearances for joint ventures (JVs) in the National Industrial Security Program...more
On November 6, 2023, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) announced a $206,213 settlement with Swift Prepaid Solutions, Inc. d/b/a daVinci Payments (daVinci) for apparent violations of...more
On November 6, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) held a public briefing to address industry questions concerning the latest export controls on advanced computing and semiconductor...more
Following the October 7 attack on Israel by Hamas, the Treasury Department’s Office of Foreign Assets Control (OFAC) has undertaken several initial sanctions steps to counter terrorist financing and call attention to...more