Since the outset of the Russian aggression in Ukraine, the Biden administration has issued incremental sanctions targeting various sectors of the Russian economy, aimed at curbing Russia's ability to wage war against Ukraine....more
9/28/2023
/ Australia ,
Biden Administration ,
Construction Industry ,
Defense Sector ,
Economic Sanctions ,
Energy Sector ,
EU ,
Financial Transactions ,
Foreign Policy ,
General Licenses ,
Manufacturers ,
Military Conflict ,
New Zealand ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Supply Chain ,
Technology Sector ,
UK ,
Ukraine
As members of Congress continue to negotiate government spending levels allotted for the next fiscal year, the United States is poised for its fourth partial government shutdown in the last decade—putting at risk the regular...more
9/26/2023
/ Appropriations Bill ,
Bureau of Industry and Security (BIS) ,
Census Bureau ,
Customs and Border Protection ,
Department of Transportation (DOT) ,
Directorate of Defense Trade Controls (DDTC) ,
Federal Budget ,
Federal Maritime Commission ,
Government Agencies ,
Government Shutdown ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
U.S. House
On August 9, 2023, the Biden administration issued its long-anticipated executive order (E.O.) that will prohibit, or impose notification requirements on, U.S. investment in a targeted set of advanced technology sectors in...more
Voluntary self-disclosure is a valuable remediation measure for companies who identify their own potential violations of U.S. sanctions, export controls, and other national security laws....more
8/2/2023
/ Bank Secrecy Act ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Cooperation ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Export Controls ,
Exports ,
FinCEN ,
Joint Statements ,
National Security ,
Non-Prosecution Agreements ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Prohibited Transactions ,
Remediation ,
Self-Reporting ,
Totality of Circumstances Test ,
Voluntary Disclosure ,
Whistleblowers
On May 19, 2023, the United States, in coordination with the G7 and other international partners, imposed significant new sanctions on Russia aimed to further degrade the Russian Federation's capacity to wage war against...more
6/2/2023
/ Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Financial Institutions ,
FinCEN ,
G7 ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
The EU's foreign policy chief, Josep Borrell, said in March that the bloc has nearly exhausted its options for punitive measures against Russia: "There is little left to control other than basic commercial items." The focus...more
On April 18, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued a policy memorandum clarifying the Office of Export Enforcement’s (OEE) policies encouraging both Voluntary Self-Disclosures...more
5/1/2023
/ Bureau of Industry and Security (BIS) ,
Civil Monetary Penalty ,
Enforcement ,
Enforcement Actions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Policy Memorandums ,
Self-Disclosure Requirements ,
Self-Reporting ,
Statutory Violations ,
U.S. Commerce Department ,
Voluntary Disclosure
As we pass the one-year anniversary of Russia's invasion of Ukraine, the U.S. government has launched an interagency initiative to crack down on evasion and violations of U.S. sanctions and export controls targeting Russia...more
3/7/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Ukraine
Those navigating the federal restrictions on foreign investment administered by the Committee on Foreign Investment in the United States (CFIUS) must contend with yet another dynamic: possible state restrictions. With respect...more
On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS or Committee) issued novel Enforcement and Penalty Guidelines (Guidelines), which emphasize the enforcement aspect of its legal...more
On Tuesday, October 18, 2022, U.S. Customs and Border Protection (CBP) published two final rules implementing long-awaited changes to its customs broker regulations (19 C.F.R. Part 111). Issued after an extended review by the...more
Following the Advance Notice of Proposed Rulemaking on Demurrage and Detention Billing Requirements published in the Federal Register in February, the Federal Maritime Commission (FMC or “the Commission”) notified the public...more
In 2017, the Office of the United States Trade Representative (USTR) launched an investigation into the Government of China's acts, policies, and practices related to "technology transfer, intellectual property, and...more
10/14/2022
/ China ,
Comment Period ,
Imports ,
Intellectual Property Protection ,
Section 301 ,
Supply Chain ,
Tariffs ,
Technology ,
Trade Act of 1974 ,
US Trade Policies ,
USTR
On Friday, October 7, 2022, the Biden administration introduced significant new export controls targeting the People's Republic of China (PRC), aimed at countering military and technological modernization efforts of...more
10/12/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Relations ,
Semiconductors ,
Technology Sector
On Friday, October 7, 2022, the Biden administration introduced significant new export controls targeting the People's Republic of China (PRC), aimed at countering military and technological modernization efforts of...more
10/12/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Relations ,
Semiconductors ,
Technology Sector
Commerce Implements New Restrictions on Russia and Belarus under the EAR -
On September 16, 2022, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), issued a Final Rule (Implementation of Additional...more
In light of the challenges faced by U.S. shipping interests, the Ocean Shipping Reform Act of 2022 (“OSRA 2022”) amended various statutory provisions of the Shipping Act of 1984 (“Shipping Act”), including common...more
On September 15, 2022, President Biden signed an executive order (EO) directing consideration of certain national security factors by the Committee on Foreign Investment in the United States (CFIUS or "the Committee")...more
9/21/2022
/ Biden Administration ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
National Security ,
Supply Chain ,
Technology Sector
When U.S. House of Representatives Speaker Nancy Pelosi made a historic visit to the Republic of China (Taiwan) on August 2, 2022, the world watched with bated breath. The visit, which was the first time in over two...more
This is part of a series of advisory alerts from Venable's International Trade and Logistics Group, published in response to the ongoing war in Ukraine. Earlier alerts on Russia and Ukraine sanctions are available in...more
6/30/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Executive Orders ,
Financial Institutions ,
FinCEN ,
G7 ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
State-Owned Enterprises ,
Trade Restrictions ,
UK ,
Ukraine
Earlier this week, the U.S. House of Representatives approved the Ocean Shipping Reform Act of 2022 (OSRA 2022) in a 369-42 vote. OSRA 2022 is a bipartisan bill introduced by Senator Amy Klobuchar (D-MN) and Senator John...more
In response to the Russian invasion of Ukraine, on June 11, 2022, the President announced that the U.S. government will be limiting its "bilateral science and technology research cooperation with the Russian government."...more
6/16/2022
/ Affiliated-Business Arrangements ,
Biden Administration ,
Economic Sanctions ,
Export Controls ,
Federal Grants ,
Financial Institutions ,
Nonprofits ,
Research and Development ,
Research Funding ,
Russia ,
Scientific Research ,
Technology Sector ,
Ukraine
U.S. contractors with global operations are likely aware of the significant restrictions imposed by the federal government in response to the Russian invasion of Ukraine, in the form of new sanctions, allied trade embargoes,...more
As Ukraine-Russia peace talks continue, the U.S. government continues to bring the heat. Yesterday, the Department of Commerce, Bureau of Industry and Security (BIS), issued a Final Rule broadly expanding existing...more
On May 3, 2022, the Office of the United States Trade Representative (USTR) announced it would be "commencing the statutory four-year review" of the Section 301 actions, effectively starting a process to potentially terminate...more