The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued two proposed rules that substantially increase the scope of controls under the Export Administration Regulations (EAR) applicable to...more
On August 2, 2024, the U.S. Department of Commerce (the Department) determined that the Socialist Republic of Vietnam (Vietnam) continues to function as a non-market economy (NME) and will continue to be treated as such for...more
On April 25, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced in a press release that it will publish an interim final rule (IFR) in the Federal Register on April 30, 2024, updating the...more
On March 25, 2024, the U.S. Department of Commerce (Commerce) issued a final rule designed to “improve, strengthen and enhance” its antidumping (AD) and countervailing duty (CVD) regulations. The final rule largely adopts...more
On March 1, 2024, at the direction of President Biden, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on the proposed...more
3/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
Connected Cars ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
National Security ,
OEM ,
U.S. Commerce Department
On February 28, 2024, the White House released a highly anticipated and far-reaching Executive Order (EO) that directs several new regulatory steps to limit the transfer of sensitive personal data outside of the United States...more
3/4/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Consumer Financial Protection Bureau (CFPB) ,
Cross-Border Transactions ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Mobile Apps ,
Office of Foreign Assets Control (OFAC) ,
Privacy Concerns ,
Secretary of Defense ,
Sensitive Personal Information ,
Smart Devices ,
Telecommunications ,
U.S. Commerce Department
On January 23, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released a new rule to expand and strengthen its existing export control restrictions under the Export Administration Regulations...more
We anticipate that 2024 will be another extremely important year for international trade and national security law and policy. The Biden Administration and Congress will continue to debate trade legislation and policy...more
1/26/2024
/ Anti-Dumping Duty ,
Biden Administration ,
Buy America ,
Enforcement Actions ,
Exports ,
Imports ,
Inflation Reduction Act (IRA) ,
National Security ,
Trade Negotiations ,
Trade Relations ,
U.S. Commerce Department ,
US Trade Policies ,
Vietnam ,
Webinars
Last week, the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) issued a comprehensive new bipartisan report, including almost 150 policy...more
12/19/2023
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Competition ,
Department of Defense (DOD) ,
FCC ,
FIRRMA ,
Foreign Adversaries ,
Foreign Investment ,
NDAA ,
Popular ,
Tariffs ,
Technology ,
U.S. Commerce Department
On October 27, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced at the bottom of their FAQ page a 90-day pause, effective immediately, on the issuance of export licenses for firearms,...more
On May 19, 2023, the Biden Administration, in coordination with leaders of the Group of Seven (G7), announced new sanctions and restrictions on 300 individuals, entities, vessels, and aircraft tied to Russia following the G7...more
5/25/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
U.S. Commerce Department
In accordance with the Consolidated Appropriations Act, 2023 (Public Law 117-328), the U.S. Treasury and Commerce Departments recently issued reports to Congress outlining the contours of a proposed outbound investment review...more
On February 28, 2023, the Department of Commerce (DOC) announced the first round of manufacturing incentives related to the CHIPS and Science Act. Passed by Congress in August 2022, the CHIPS Act provides $39 billion in...more
On December 29, 2022, President Biden signed into law an omnibus government spending package, which includes explanatory statements regarding outbound investment initiatives. According to media reports and official statements...more
On December 15, 2022, Congress passed the James M. Inhofe National Defense Authorization Act for Fiscal Year (FY) 2023 (NDAA or Act), which President Biden is expected to sign into law soon. The NDAA contains numerous...more
On December 15, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it is adding 36 primarily Chinese entities, including Chinese memory chip maker Yangtze Memory Technologies and...more
On October 7, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced a series of long-awaited regulations – issued as an interim final rule – amending the Export Administration Regulations...more
10/17/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Popular ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
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
9/14/2022
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Huawei ,
Interim Final Rules (IFR) ,
Military End Use ,
Software ,
Technology ,
U.S. Commerce Department
On March 9, 2022, President Biden signed an Executive Order (EO) on digital assets, including cryptocurrencies, and the possible creation of Central Bank Digital Currencies (CBDC) for a digital form of the country’s sovereign...more
On May 8 and 9, 2022, the Biden Administration imposed new Russia-related sanctions and export restrictions, including a prohibition on the provision of certain professional services to any person located in Russia, sanctions...more
5/11/2022
/ Banking Sector ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Industrial Sector ,
Media ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Television Broadcast Stations ,
U.S. Commerce Department ,
Ukraine
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
4/6/2022
/ Bureau of Industry and Security (BIS) ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
SDN List ,
Software ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
Last week, the U.S. Government imposed tough restrictions on U.S. transactions with specific companies in the People’s Republic of China (PRC) that are involved in activities contrary to U.S. foreign policy and national...more
12/21/2021
/ Bureau of Industry and Security (BIS) ,
Child Labor ,
China ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Forced Labor ,
Joe Biden ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
PRC ,
Securities Exchange Act ,
Surveillance ,
U.S. Commerce Department ,
U.S. Treasury
On December 9, 2021, the Departments of Commerce and State issued rules restricting a range of exports to Cambodia citing, “significant evidence of corruption, human rights abuses, and an exclusive agreement with the People’s...more
12/14/2021
/ Arms Embargo ,
Bureau of Industry and Security (BIS) ,
Cambodia ,
China ,
Corruption ,
Directorate of Defense Trade Controls (DDTC) ,
End-Users ,
Export Administration Regulations (EAR) ,
Exports ,
Human Rights ,
ITAR ,
National Security ,
U.S. Commerce Department
On November 30, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a notice of inquiry and request for comments on how U.S. and European Union dual-use export controls and practices may be...more
On October 21, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a long-awaited interim final rule that establishes controls on certain cybersecurity items designed to curtail exports of...more
10/25/2021
/ Bureau of Industry and Security (BIS) ,
Cross-Border ,
Cyber Threats ,
Cybersecurity ,
Data Protection ,
Data Security ,
Export Administration Regulations (EAR) ,
Export Controls ,
Intrusion Software ,
Multinationals ,
Popular ,
U.S. Commerce Department