You have always dreamed of going to space. All of us have at some point or another. And the only thing standing between you and that dream were overly-restrictive commodity and technology export licensing requirements on...more
On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations.
The rule arrives a little over a year after Executive Order 14105,...more
10/31/2024
/ Artificial Intelligence ,
CFIUS ,
Enforcement ,
Final Rules ,
Financial Institutions ,
International Emergency Economic Powers Act (IEEPA) ,
Investment ,
National Security ,
New Regulations ,
Outbound Transactions ,
SAFE ,
Semiconductors ,
Technology Sector ,
U.S. Treasury ,
Voluntary Disclosure
You know who your friends are. You’ve known them for a long time, you understand one another, and, importantly, you trust each other.
Well, countries have friends too. Maybe country-friends have similar foreign and...more
10/30/2024
/ Australia ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
Licensing Rules ,
NASA ,
Outer Space ,
Regulatory Agenda ,
Regulatory Requirements ,
Satellites ,
Technology Sector ,
UK ,
USML
In a land before time (technologically speaking . . . so, like, the mid-nineties), the most basic software encryption functions were controlled under the U.S. International Traffic in Arms Regulations. The then-current...more
We may imagine that a space company begins with only a few screws and some sheet metal in a garage. But regardless of its origins, not long after that early phase, that same company is likely to have a global reach....more
10/22/2024
/ Cross-Border ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
NASA ,
New Rules ,
Outer Space ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Satellites ,
USML
Pull quote: “Every export—every single one—has a related financial transaction”
You are a banker. You do bankery things. You look at the ledgers, you tot up the numbers, you manage the accounts. Maybe you make loans,...more
This week of September 16, Paris will play host to the biggest spectacle of the year (sorry, Olympics), the World Space Business Week. Attendees will come from around the world to discuss advancements in commercial space and...more
9/16/2024
/ AUKUS ,
Australia ,
Bureau of Industry and Security (BIS) ,
Department of Defense (DOD) ,
Directorate of Defense Trade Controls (DDTC) ,
Export Controls ,
Exports ,
Infrastructure ,
ITAR ,
Satellites ,
Technology Sector ,
UK
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
On June 27, 2024, the U.S. Department of Commerce, Bureau of Industry & Security (BIS) announced its first update to the boycott requester list. The list contains entities that have been reported by a U.S. person as having...more
On June 12, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced new measures targeting Russia’s financial infrastructure, including:
1. Expanding the scope of financial sanctions:...more
In a bold move to tighten its sanctions enforcement, the EU rolled out Directive 2024/1226, establishing minimum rules for defining criminal offenses and penalties related to the violation of EU sanctions. Effective May 19,...more
Effective April 24, the statute of limitations (“SoL”) under the International Emergency Economic Powers Act (“IEEPA”) and the Trading with the Enemy Act (“TWEA”) has been extended from five to ten years. It would have been...more
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
The EU is going extraterritorial, and it is doing so through private contract. It is a pretty neat trick.
As a general rule, EU regulations do not apply extraterritorially. This policy is a bit pointed, intended to stand...more
3/28/2024
/ Asset Freeze ,
Buyers ,
EU ,
European Commission ,
Exporters ,
Exports ,
Extraterritoriality Rules ,
Importers ,
Imports ,
Member State ,
Russia ,
Sanctions ,
SDN List ,
Ukraine
The EU plans to step up controls on its home grown technology. That is the short version.
The longer version is a (pretty dry) recitation of the proposed legislation and whitepapers that were published last week as the...more
Grants and tax credits, who doesn’t love them? The Bipartisan Infrastructure Law (BIL) is full of them, and, recent Department of Energy (DOE) Notification of a Proposed Interpretive Rule provides guidance on who will get to...more
1/15/2024
/ Automated Transportation ,
Batteries ,
Clean Energy ,
Department of Energy (DOE) ,
Electric Vehicles ,
Energy Sector ,
Foreign Entities ,
Manufacturers ,
Office of Foreign Assets Control (OFAC) ,
Proposed Rules ,
Renewable Energy ,
SDN List ,
Supply Chain
Export controls are the manifestation of foreign, economic, and national security policy, and the implementation of policy requires dynamic adjustment, a back-and-forth, a balance. So. on December 7, 2023, amid the tightening...more
You’d be forgiven for thinking this Global Trade Law Blog has become a Semiconductors News Blog, with all the recent updates we have published on semiconductor regulation in the past year or two. And yes, we concede the...more
On November 21, 2023, the U.S. Office of Foreign Assets Control (OFAC) announced its largest settlement in history with the virtual currency exchange Binance. This almost-billion dollar settlement is a part of a larger...more
11/27/2023
/ Anti-Money Laundering ,
CFTC ,
Civil Monetary Penalty ,
Compliance ,
Crypto Exchanges ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
FinCEN ,
Money Laundering ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Settlement ,
Virtual Currency
On September 28, 2023, the Cybersecurity Administration of China (the “CAC”) published a set of draft Provisions on Regulating and Promoting Cross-border Data Transfer (the “Draft Rules”) to solicit public comments. It has...more
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
8/14/2023
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Investment ,
National Security ,
Outbound Transactions ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
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
On June 23, 2023, the EU released its 11th package of sanctions on Russia. This package is designed to improve enforcement with new anti-circumvention rules, new trade restrictions, and new designations. The...more
6/26/2023
/ Asset Freeze ,
Crude Oil ,
Economic Sanctions ,
EU ,
Export Controls ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
SDN List ,
Supply Chain ,
UK ,
Ukraine
The United States and its allies are aiming to choke off the supplies that support the last vestiges of Russian industry. On May 19, 2023, the Bureau of Industry and Security (BIS) released new regulations implementing...more