On July 29, the Directorate of Defense Trade Controls (DDTC) of the US Department of State proposed a new definition of the term “defense service.”
The International Traffic in Arms Regulations (ITAR) imposes a license...more
On July 29, the US government proposed big changes to rules about supporting or exporting to foreign military, intelligence, and security entities.
The US Department of Commerce’s Bureau of Industry and Security (BIS) is...more
Three US agencies – the US Department of Commerce, Bureau of Industry and Security (BIS), the US Department of the Treasury, Office of Foreign Assets Control (OFAC), and the US Department of State – took new actions on June...more
6/17/2024
/ Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Harmonization Rules ,
Infrastructure ,
Licenses ,
Licensing Rules ,
Mobile Devices ,
Office of Foreign Assets Control (OFAC) ,
Personal Information ,
Popular ,
Russia ,
Savings Clause ,
SDN List ,
Software ,
US State Departments
Two years after the start of Russia’s war in Ukraine and one week after the death of opposition politician and anticorruption activist Aleksey Navalny, the US government announced a new raft of sanctions and export controls...more
On January 25, almost two years after Russia’s further invasion of Ukraine, the US Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule (the Rule) strengthening existing export controls relating...more
1/31/2024
/ Aircraft ,
Belarus ,
Bureau of Industry and Security (BIS) ,
Drones ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
Licensing Rules ,
Military Conflict ,
Russia ,
Tariffs ,
U.S. Commerce Department
Just in case you were starting to get comfortable with last year’s massive raft of regulations on the advanced computing, supercomputer, and semiconductor industries in China, the US Department of Commerce, Bureau of Industry...more
During the G7 meeting in Japan on May 19, 2023, the US Department of Commerce’s Bureau of Industry and Security (BIS) published two new rules aimed at further restricting Russia’s ability to obtain items needed to support its...more
6/7/2023
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Export Administration Regulations (EAR) ,
Export Controls ,
G7 ,
Office of Foreign Assets Control (OFAC) ,
Petroleum ,
Russia ,
SDN List ,
U.S. Commerce Department ,
Ukraine
Voluntary No More -
In taking steps to take the “voluntary” out of voluntary disclosure, Assistant Secretary of US Export Enforcement Matthew Axelrod issued another memorandum on April 18, 2023, following on his June 2022...more
On Friday, February 24, the one-year anniversary of Russia’s further invasion into Ukraine, President Biden, the Office of Foreign Assets Control (OFAC), the US Department of State, and the US Department of Commerce, Bureau...more
3/1/2023
/ Banking Sector ,
Belarus ,
Bureau of Industry and Security (BIS) ,
Duties ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Huawei ,
Imports ,
Metals ,
Mining ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Tariffs
On Friday, October 7, 2022, the Bureau of Industry and Security (BIS) released an interim final rule containing an enormous set of export controls that will likely damage the Chinese semiconductor, advanced computing, and...more
10/11/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Corporate Counsel ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Federal Register ,
Interim Final Rules (IFR) ,
License Applications ,
Manufacturers ,
Military End Use ,
MOFCOM ,
Popular ,
Rulemaking Process ,
SDN List ,
Semiconductors ,
Software ,
Technology
Well, the Bureau of Industry and Security (BIS) waited until the summer was over, but timing may be the best part of the new export controls on Russia and Belarus (the “Rule”). Understanding the new Rule and how the old...more
9/27/2022
/ Anti-Terrorism Financing ,
Belarus ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
Chemical Weapons ,
Corporate Counsel ,
ECCNs ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Direct Product Rule ,
Military End Use ,
Popular ,
Russia
On May 8, 2022 (aka Mother’s Day), the Biden Administration announced yet another series of export controls and sanctions measures intended to ratchet up the costs on Russia’s economy and limit its ability to continue its war...more
5/11/2022
/ Accounting ,
Belarus ,
Blocking Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Foreign Policy ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Trusts ,
U.S. Treasury ,
Ukraine
In a coordinated effort, on March 2, 2022, the White House announced another round of broad trade controls and sanctions against Russia and now Belarus in response to Russia’s military invasion of Ukraine.
The White House...more
3/7/2022
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Export Controls ,
Foreign Direct Product Rule ,
Licenses ,
Military End Use ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
U.S. Commerce Department ,
Ukraine
What Are the New US Export Controls on Russia?
On February 24, 2022, the US Department of Commerce, Bureau of Industry and Security (BIS) imposed new export controls intended to restrict access to technologies and other...more
2/28/2022
/ Belarus ,
Bureau of Industry and Security (BIS) ,
ECCNs ,
Economic Sanctions ,
EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
Turning to the business of exports from the United States, the next section is a must-read for any company doing business in the United States or from the United States. Or for that matter, any company competing with affected...more
1/5/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
CFIUS ,
China ,
Cuba ,
Dodd-Frank ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Hong Kong ,
Huawei ,
Human Rights ,
Information and Communication Technology (ICT) ,
Interim Rule ,
International Criminal Court ,
Iran ,
Iran Sanctions ,
Personal Data ,
Russia ,
Telecommunications ,
Turkey ,
U.S. Commerce Department ,
Venezuela
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 Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies.
As a refresher, CFIUS is the US Government’s...more
10/16/2020
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
ITAR ,
NAICS ,
Personal Data ,
Proposed Regulation ,
U.S. Treasury ,
US Department of State
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
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
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
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
This software now requires a BIS authorization to be exported or reexported to all countries except for Canada. Companies that develop or use artificial intelligence (AI) to solve geospatial problems or in geospatial...more
1/7/2020
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
ECCNs ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exporters ,
Exports ,
FIRRMA ,
Geolocation ,
Location Data ,
National Security ,
Popular ,
Rulemaking Process ,
Software ,
Technology ,
Technology Sector
BIS has restricted Cuba’s access to commercial aircraft and other goods, lowered de minimis for foreign items containing US content to 10%, and restricted the temporary sojourn by aircraft in Iran, Syria, Sudan, and North...more
10/21/2019
/ Airlines ,
Bureau of Industry and Security (BIS) ,
Cuba ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Policy ,
General Licenses ,
National Security ,
New Rules ,
North Korea ,
State Sponsors of Terrorism ,
Sudan ,
Syria ,
Trade Restrictions ,
Vessels
In another blow to Huawei, on August 7, 2019, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an interim rule amending the Federal...more
8/27/2019
/ Bank Fraud ,
Bureau of Industry and Security (BIS) ,
China ,
Criminal Conspiracy ,
Department of Defense (DOD) ,
Economic Sanctions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FIRRMA ,
General Services Administration (GSA) ,
Huawei ,
Interim Rule ,
International Emergency Economic Powers Act (IEEPA) ,
Money Laundering ,
NASA ,
NDAA ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
US Trade Policies ,
Wire Fraud
On Friday, August 2, 2019, the US State Department announced the issuance of another round of sanctions on the Russian Government in relation to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991...more