News & Analysis as of

Bureau of Industry and Security (BIS) Export Control Reform Act (ECRA) Exports

Fenwick & West LLP

Bipartisan Group Introduces Legislation to Control Exports of AI Systems

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Overseas Critical Exports (ENFORCE) Act—a bill to expand the authority of the Bureau of Industry and Security (BIS) to control the export of artificial intelligence (AI) systems and other emerging technology with national...more

Wiley Rein LLP

BIS Strengthens Export Controls Targeting China’s Acquisition of Semiconductor Equipment, Advanced Computing Items, and...

Wiley Rein LLP on

For the second year running, and in what may prove to be a regular process, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has significantly expanded export controls on specific semiconductor and...more

Womble Bond Dickinson

Proposed Synthesis Controls Highlight Dual Impact of Section 1758 on U.S. Exports and Foreign Direct Investment

Womble Bond Dickinson on

Section 1758 classification of Automated Peptide Synthesis Instruments would restrict both U.S. exports and foreign investments - Section 1758 of the Export Control Reform Act (“ECRA”) not only governs export...more

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – January 2023

Russia - Former Special Agent in Charge of the FBI New York Counterintelligence Division Charged with Violating U.S. Sanctions on Russia (DOJ) Those involved. Charles McGonigal, former Special Agent in Charge of the FBI...more

Akin Gump Strauss Hauer & Feld LLP

BIS Has New Authorities to Impose Controls over Activities of US Persons in Support of Foreign Military, Security, or Intelligence...

Key Points - The Export Control Reform Act of 2018 has been amended to give BIS the authority to regulate services and other activities of U.S. persons, wherever located, when in support of foreign “military, security, or...more

Morgan Lewis

Congress Considers Legislation to Shift Export Control Jurisdiction from the Department of Commerce

Morgan Lewis on

Based on consistent comments by the US Congress, think tanks, and the US-China Economic and Security Review Commission, several members of Congress proposed legislation to shift jurisdiction for export controls from Commerce...more

Pillsbury - Global Trade & Sanctions Law

U.S. Commerce Department Implements Export Controls on Four New Emerging and Foundational Technologies

On August 15, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule introducing new controls on four “emerging and foundational technologies” that were identified during the...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter June 2022

Lowenstein Sandler LLP on

1. BIS Announces Plans To End Categorizing Emerging and Foundational Tech- On May 22, BIS announced in a proposed rule that it will end the effort to characterize specific technology as emerging or foundational for...more

Foley Hoag LLP - White Collar Law &...

Sanctions/Export Controls Trends in 2021

This is the second in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed SEC enforcement. Up next,...more

Wiley Rein LLP

Commerce Department Expands Controls on Military-Intelligence End Uses and End Users, Proliferation of WMDs

Wiley Rein LLP on

In a rule that takes effect on March 16, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has determined to impose additional export licensing requirements in connection with military-intelligence...more

Goodwin

Commerce Department Proposes New Export Controls On Gene-Editing Software That Will Also Expand The Scope Of Mandatory CFIUS...

Goodwin on

On Friday, November 6, 2020, the Commerce Department’s Bureau of Industry & Security (BIS) issued a Notice of Proposed Rulemaking (NPRM) seeking public comment regarding newly-proposed controls on certain software for...more

Dechert LLP

New Export Controls: Emerging Technologies

Dechert LLP on

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

Wiley Rein LLP

Commerce Publishes New Controls on Emerging Technologies

Wiley Rein LLP on

On October 5, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a rule implementing certain changes in the Export Administration Regulations (EAR) that were agreed upon in December 2019...more

Williams Mullen

Developments in Export Controls on “Emerging” and “Foundational” Technologies

Williams Mullen on

There have been a number of developments regarding increased export requirements for “emerging” and “foundational” technologies. The Bureau of Industry and Security (BIS) recently issued a final rule designating the first...more

Dechert LLP

Potential Expansion of U.S. Export Controls: “Foundational” Technologies, Commodities and Software

Dechert LLP on

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

ArentFox Schiff

Commerce Launches Rulemaking Process on Foundational Technologies, Hints at Three Potential Areas of Control

ArentFox Schiff on

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

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - January 2020

IN THIS ISSUE • Anticorruption Developments • Export Control Sanctions and Customs Enforcement • Export Control and Sanctions Developments • Global Investigations Resources • Writing and Speaking Engagements ...more

Polsinelli

2020 Department of Commerce Civil Monetary Penalty Adjustments for Export Violations

Polsinelli on

On January 3, 2020, the U.S. Department of Commerce published their annual notice for adjustments in the civil monetary penalties for export violations....more

White & Case LLP

Bureau of Industry and Security Issues First "Emerging Technology" Control on Artificial Intelligence-Based Geospatial Imagery...

White & Case LLP on

On January 6, 2020, the US Department of Commerce's Bureau of Industry and Security (BIS) issued the first "emerging technology" rule to control artificial intelligence-based software specially designed to automate the...more

Williams Mullen

Commerce Adopts Export Controls on Artificial Intelligence Software for Geospacial Imagery – Controls on Additional Technologies...

Williams Mullen on

On January 6, 2020 the Bureau of Industry and Security (“BIS”) within the Commerce Department adopted export licensing requirements on certain artificial intelligence software used to automate the analysis of geospatial...more

Skadden, Arps, Slate, Meagher & Flom LLP

Commerce Department Will Move Forward With More Stringent Export Controls for Certain Emerging Technologies

Through the Export Control Reform Act of 2018 (ECRA), which was enacted in August 2018, Congress directed the U.S. Department of Commerce to conduct an interagency review process to identify “emerging and foundational...more

Akin Gump Strauss Hauer & Feld LLP

BIS Publishes a Temporary Unilateral Control on a Type of Machine Learning Software for Automating Analyses of Geospatial Imagery...

Key Points - On January 6, 2020, BIS published an interim final rule to add a new worldwide (minus Canada) unilateral export control on a type of geospatial imagery software specially designed for training Deep...more

ArentFox Schiff

US Issues First Unilateral Export Control on Artificial Intelligence Software

ArentFox Schiff on

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

McCarter & English Blog: Government Contracts...

Export Controls And Global Trade: A Forecast And The Year In Review

For several years, we have witnessed the emergence of a statutory and regulatory framework to tighten controls on the export of emerging and critical technology, as well as the review of inward foreign investment into said...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Enhanced US Export Controls and Aggressive Enforcement Likely to Impact China

Tariffs targeting Chinese imports into the United States garnered headlines throughout 2018. However, during the latter part of the year, the U.S. government more quietly initiated efforts that in 2019 and beyond could be...more

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