As we pass the midpoint of a year marked by assertive enforcement of dual use laws, the Department of Commerce’s Bureau of Industry and Security (BIS) published an updated version of its Don’t Let This Happen to You! Guide....more
7/16/2024
/ Antiboycott Requirements ,
Bureau of Industry and Security (BIS) ,
China ,
Enforcement Actions ,
Entity List ,
Export Controls ,
Huawei ,
Licensing Rules ,
Self-Disclosure Requirements ,
Semiconductors ,
U.S. Commerce Department ,
Voluntary Disclosure
The solar industry is starting to get whiplash. Over the past year in particular, the industry has experienced a whirlwind of regulatory changes making solar tariffs some of the most complex tariffs in all of U.S. importing...more
6/19/2024
/ Anti-Dumping Duty ,
Batteries ,
Cambodia ,
China ,
Countervailing Duties ,
Energy Sector ,
Imports ,
Malaysia ,
Manufacturers ,
Popular ,
Section 201 ,
Solar Energy ,
Solar Panels ,
Supply Chain ,
Tariffs ,
Thailand ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Vietnam
On March 29, 2024, BIS issued an interim final rule (IFR) updating and correcting its advanced computing and semiconductor regulations published in October 2023 (which we discuss here in Episode III). This marks the third...more
On February 29, 2024, the Biden administration issued a statement addressing the national security risks to the U.S. auto industry directing the Department of Commerce to conduct an investigation into Chinese made “connected...more
3/13/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Comment Period ,
Connected Cars ,
Executive Orders ,
National Security ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
On Wednesday, March 6, 2024, the Department of Commerce, Department of the Treasury and Department of Justice issued another Tri-seal Compliance Note, focusing this time on the obligations of foreign based persons complying...more
3/8/2024
/ China ,
De Minimis Claims ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Entities ,
Russia ,
Sanctions ,
U.S. Commerce Department ,
U.S. Treasury
On Tuesday, October 17, 2023, the U.S. Bureau of Industry and Security (BIS) released a package of three rules (the 2023 Rules) targeting the Chinese semiconductor industry. The rules update the substantial semiconductor...more
10/23/2023
/ China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Semiconductors ,
Software ,
Technology ,
Trade Restrictions
On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector
Between Russia’s invasion of Ukraine and growing U.S. tensions with China, U.S. export controls are in the spotlight like never before. As if regulators have not already made it clear enough, recent statements and actions...more
5/19/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
Exports ,
Investigations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Semiconductors ,
Ukraine
On January 5, 2023, President Biden signed into law S. 1294, the “Protecting American Intellectual Property Act of 2022”. The Act requires the president to report to Congress and impose sanctions on any foreign person or...more
1/19/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
China ,
Entity List ,
Export Controls ,
Foreign Entities ,
Foreign Persons ,
Intellectual Property Protection ,
National Security ,
New Legislation ,
Sanctions ,
Theft ,
Trade Secrets ,
Trade Wars
Key Takeaways Background Since October 7, 2022, when the Bureau of Industry and Security (“BIS”) dropped 140 pages of regulations on the semiconductor industry, U.S. passport and green card holders working at Chinese chip...more
On November 15, 2022, the United States Trade Representative (USTR) opened its docket (USTR-2022-0014) seeking public comments in its review of Lists 1 and 2 of the Trump-era tariffs on Chinese imports. The tariffs were...more
11/18/2022
/ China ,
Modification ,
Public Comment ,
Questionnaires ,
Small Business ,
Supply Chain ,
Tariffs ,
Trade Act of 1974 ,
Unfair or Deceptive Trade Practices ,
USTR ,
Wages
On Monday, October 24, 2022, the Department of Justice (DOJ) announced charges against two alleged Chinese intelligence officers for bribing and stealing documents to obstruct the criminal investigation of, reportedly, Huawei...more
The United States Trade Representative (USTR) has announced the next steps in its review of Lists 1 and 2 of the Trump-era tariffs on Chinese imports. Today, on October 17, 2022, USTR published the official request for...more