On September 7, 2021, three former U.S. Intelligence Community and military personnel (Defendants) entered into a Deferred Prosecution Agreement (DPA) with the U.S. Attorney’s Office for the District of Columbia and the U.S....more
The subpoena issuance suggests that the Biden Administration will continue the US Government’s assertive approach to China.
The US Department of Commerce, on March 17, 2021, issued subpoenas on multiple Chinese companies...more
3/19/2021
/ Biden Administration ,
China ,
Executive Orders ,
Foreign Adversaries ,
Foreign Policy ,
Information and Communication Technology (ICT) ,
Interim Final Rules (IFR) ,
National Security ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department
Companies should be prepared to conduct additional due diligence for any transactions involving entities in the countries enumerated in this rule.
In an interim rule published on, January 15, 2020, the Department of...more
3/17/2021
/ Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
Chemical Weapons ,
China ,
Cuba ,
Due Diligence ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Entities ,
Interim Final Rules (IFR) ,
Iran ,
North Korea ,
Nuclear Weapons ,
Russia ,
Syria ,
Trump Administration ,
U.S. Commerce Department ,
Venezuela
Changes are afoot for key industry sectors with complicated global supply chains.
“As this pandemic has made clear, we can never again be in a position where we have to rely on a foreign country that doesn’t share our...more
3/1/2021
/ APIs ,
Batteries ,
Biden Administration ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Defense Sector ,
Energy Sector ,
Executive Orders ,
Export Controls ,
Information and Communication Technology (ICT) ,
Minerals ,
Personal Protective Equipment ,
Popular ,
Public Health ,
Risk Management ,
Semiconductors ,
Supply Chain ,
Transportation Industry
On February 4, 2021, the New York Department of Financial Services (DFS) issued Circular Letter No. 2 (2021) to all authorized property and casualty insurers in New York, outlining a “Cyber Risk Framework” that all authorized...more
The Information and Communications Technology and Services (ICTS) Rule, if implemented by the Biden Administration, would significantly impact companies that have an international nexus in a number of different sectors,...more
2/2/2021
/ Biden Administration ,
China ,
Cuba ,
Department of Homeland Security (DHS) ,
Digital Service Providers ,
Executive Orders ,
FCC ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Interim Final Rules (IFR) ,
Iran ,
National Intelligence Agencies ,
North Korea ,
Popular ,
Russia ,
Sensitive Personal Information ,
Software ,
Supply Chain ,
Telecommunications ,
Venezuela
In his last days, President Trump takes a swipe against companies identified by the Department of Defense (DoD) as Communist Chinese military companies by prohibiting US persons from investments.
On November 12, 2020,...more
11/18/2020
/ China ,
Department of Defense (DOD) ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Foreign Investment ,
Information and Communication Technology (ICT) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
PCAOB ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
U.S. Treasury
The US Department of Commerce Bureau of Industry and Security (BIS) has proposed a new ECCN, 2D352 to control “software” that is capable of being used to operate nucleic acid assemblers and synthesizers due to concerns the...more
The US Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule amending the license review policy for items on the Commerce Control List that are controlled for national security (NS) reasons and are...more
Target areas are telecom, information security, and sensor items that can be used for censorship, surveillance, detention, and use of force.
On October 6, 2020, the US Department of Commerce, Bureau of Industry and...more
On October 1, 2020, the US Department of Treasury’s Office of Foreign Assets Control (OFAC) issued an Advisory highlighting sanctions risks associated with facilitating ransomware payments on behalf of victims targeted by...more
BIS will be looking at items that are controlled only for anti-terrorism, crime control, short supply, United Nations embargoes, or designated as EAR99 in establishing new Foundational Technologies Controls.
Two years...more
8/28/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Embargo ,
Export Control Reform Act (ECRA) ,
Exports ,
FIRRMA ,
Interim Final Rules (IFR) ,
Military End Use ,
National Security ,
Rulemaking Process ,
United Nations
There is a risk that garments made from cotton produced by XPCC could be subject to a Customs and Border Protection withhold release orders.
Fashion and luxury goods companies need to be concerned about the recent...more
8/26/2020
/ China ,
Customs and Border Protection ,
Economic Sanctions ,
Entity List ,
Exports ,
Forced Labor ,
Imports ,
Retailers ,
Supply Chain ,
U.S. Commerce Department ,
U.S. Treasury
On August 17, 2020, the Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule (the Final Rule) (1) adding additional Huawei non-US affiliates to the Entity List, (2) confirming the expiration of...more
The new regulations prohibit government agencies from entering into, extending, or renewing a contract with contractors if they use any equipment, system, or service that uses certain Chinese telecommunications equipment or...more
8/14/2020
/ Breach of Contract ,
China ,
Compliance ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FIRRMA ,
Huawei ,
Interim Rule ,
National Security ,
NDAA ,
New Regulations ,
Public Safety ,
System For Award Management (SAM) ,
Telecommunications
On Monday, June 29, the Departments of Commerce and State announced that they were following through with changes to treat Hong Kong like China for exports of military and dual-use goods.
The Department of Commerce announced...more
On Friday, May 15, 2020, the Department of Commerce and the Bureau of Industry and Security (BIS) revised an arcane export control rule that imposes US export controls on foreign-origin products (hardware, software, and...more
As the COVID-19 pandemic has expanded exponentially, so too has the demand by hospitals and other healthcare providers for masks and other medical personal protective equipment (PPE) to protect doctors, nurses, and other...more
5/14/2020
/ Azerbaijan ,
Cambodia ,
Coronavirus/COVID-19 ,
Export Bans ,
Export Controls ,
Exports ,
Medical Supplies ,
Personal Protective Equipment ,
Public Health Emergency ,
Rescission ,
Sri Lanka
Rumors have circulated through the export community for months, and the Bureau of Industry and Security (BIS) has finally acted. In a final rule published April 28, 2020, BIS is removing License Exception Civil End-Users...more
In yet another action on April 28, 2020, the Bureau of Industry and Security (BIS) issued a final rule imposing stricter license requirements on a wide range of exports, reexports and transfers to China, Russia, or Venezuela...more
On April 28, the Bureau of Industry and Security (BIS) issued a proposed rule that would revise License Exception Additional Permissive Re-Exports (APR) to remove a current provision that allows for reexports of items subject...more
As the COVID-19 pandemic has expanded exponentially, so too has the demand by hospitals and other healthcare providers for masks and other medical personal protective equipment (PPE) to protect doctors, nurses, and other...more
Recognizing that COVID-19 is further straining humanitarian needs in sanctioned countries and complicating compliance with economic sanctions, and perhaps also in response to reports that US sanctions are hindering COVID-19...more
4/28/2020
/ Coronavirus/COVID-19 ,
Cuba ,
Economic Sanctions ,
Executive Orders ,
FEMA ,
Humanitarian Assistance ,
Iran ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Secondary Sanctions ,
Syria ,
Ukraine ,
Venezuela
As the COVID-19 pandemic has expanded exponentially, so too has the demand by hospitals and other healthcare providers for masks and other medical personal protective equipment (PPE) to protect doctors, nurses, and other...more
4/22/2020
/ Argentina ,
Coronavirus/COVID-19 ,
Costa Rica ,
Export Controls ,
FEMA ,
Global Economy ,
Guide ,
Health Care Providers ,
Imports ,
Infectious Diseases ,
Kuwait ,
Moldova ,
Paraguay ,
Personal Protective Equipment
The Federal Emergency Management Agency has left many important questions blowing in the wind as a result of a Notification of Exemptions action published for public inspection on Friday, April 17, 2020. The final action will...more