Executive Summary - On March 2, 2021, the Biden Administration, in a coordinated announcement by the U.S. Departments of Treasury, State, and Commerce, tightened export restrictions against Russia and imposed sanctions and...more
3/4/2021
/ Biden Administration ,
Chemical Weapons ,
EU ,
Export Controls ,
Exports ,
Global Human Rights Sanctions Regime ,
Human Rights ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
UK
In this OnPoint, we discuss new rules announced by China’s Ministry of Commerce (“MOFCOM”) aimed at counteracting the extraterritorial impact of foreign law on Chinese persons. ...more
The U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) on October 5, 2020, published a final rule implementing new export controls on six categories of emerging technology. In doing so, the U.S. government...more
The Department of Commerce, Bureau of Industry and Security (“BIS”), published an advance notice of proposed rulemaking (“the Notice”), on August 27, 2020, announcing the initiation of its review of foundational technologies...more
9/5/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
Commodities ,
ECCNs ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Popular ,
Proposed Amendments ,
Request For Information ,
Software ,
Technology Sector ,
U.S. Commerce Department
The U.S.-China trade war continues to escalate, most recently fueled by U.S. concerns over China’s assertion of increasing authority over Hong Kong. The U.S. and Chinese governments have exchanged jabs through the use of...more
7/17/2020
/ CFIUS ,
China ,
Criminal Prosecution ,
Economic Sanctions ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Free Speech ,
Free Trade Agreements ,
Freedom of the Press ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
Human Rights ,
Open General Export Licences (OGELs) ,
Popular ,
Revocation ,
Right to Peaceful Assembly ,
SDN List ,
Section 301 ,
Tariffs ,
Technology Sector ,
Trade Act of 1974 ,
Trade Policy ,
Trade Wars ,
Travel Ban ,
Trump Administration ,
United States
On April 28, 2020, the Commerce Department’s Bureau of Industry and Security (“BIS”) published two final rules and one proposed rule targeting national security controlled exports and reexports to China, Russia, and...more
4/30/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
ECCNs ,
End-Users ,
Exemptions ,
Export Controls ,
Exports ,
Final Rules ,
Licensing Rules ,
Military End Use ,
National Security ,
Reporting Requirements ,
Russia ,
U.S. Commerce Department ,
US Trade Policies ,
Venezuela
The outbreak of COVID-19 is impacting international trade as global markets deal with uncertain supply and companies and governments work to ensure personal safety while developing contingency plans for handling the virus. In...more
3/12/2020
/ Breach of Contract ,
Bureau of Industry and Security (BIS) ,
Coronavirus/COVID-19 ,
Economic Sanctions ,
Export Controls ,
Exports ,
Force Majeure Clause ,
General Licenses ,
Humanitarian Assistance ,
Infectious Diseases ,
Medical Supplies ,
Multinationals ,
Office of Foreign Assets Control (OFAC) ,
Risk Management ,
Sanction Violations ,
Supply Chain
The State Department’s Directorate of Defense Trade Controls (“DDTC”) published an interim final rule on December 26, 2019, bringing the International Traffic in Arms Regulations’ (“ITAR”) treatment of encrypted electronic...more
1/9/2020
/ Cloud Computing ,
Defense Sector ,
Directorate of Defense Trade Controls (DDTC) ,
Electronic Data Transmissions ,
Encryption ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
Foreign Persons ,
ITAR ,
Licensing Rules
On December 1, 2018, acting at the request of the United States, Canadian authorities arrested a senior officer of Huawei Technologies Co. (“Huawei”), the Chinese telecommunications equipment and consumer electronics device...more
12/12/2018
/ Arrest ,
China ,
Criminal Investigations ,
Export Controls ,
Financial Institutions ,
Financial Transactions ,
Hong Kong ,
HSBC ,
Iran Sanctions ,
Sanction Violations ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies
The U.S. Government has instituted a major new initiative to regulate emerging technology, potentially including artificial intelligence, biotechnology, robotics, data analytics and many other types of emerging technology,...more
11/19/2018
/ Analytics ,
Artificial Intelligence ,
Biotechnology ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Commerce Control List ,
Emerging Technology Companies ,
Export Control Reform (ECR) ,
Export Controls ,
Exports ,
Foreign Investment ,
Multinationals ,
National Security ,
NDAA ,
Public Comment ,
Research and Development ,
Robotics ,
Trump Administration
The U.S. Department of the Treasury (“Treasury”) published two sets of interim rules on October 10, 2018, implementing certain provisions of the Foreign Investment Risk Review Modernization Act (“FIRRMA”). In addition to...more
10/16/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
Export Controls ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Interim Rule ,
ITAR ,
Mandatory Declarations ,
National Security ,
Non-Controlling Interests ,
Petrochemicals ,
Technology Sector ,
Trump Administration
On August 24, 2018, the U.S. Department of State announced a new but limited export licensing policy for defense and national security-sensitive goods and technology to Russia, effective August 27, 2018. The export licensing...more
8/27/2018
/ Chemical Weapons ,
Economic Sanctions ,
Export Controls ,
Exports ,
Financial Institutions ,
Foreign Exchanges ,
Foreign Subsidiaries ,
Government Officials ,
Legislative Agendas ,
National Security ,
Russia ,
State-Owned Enterprises ,
UK ,
US State Departments