News & Analysis as of

Export Administration Regulations (EAR) Technology Bureau of Industry and Security (BIS)

BakerHostetler

Current State of U.S. Export Controls in Response to the Russian Federation’s Invasion of Ukraine - August 2024

BakerHostetler on

In a continued effort to hinder Russia’s invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose sanctions and tighter export controls on Russia. ...more

Fenwick & West LLP

Commerce Department Expands Export Jurisdiction for Foreign-Made Items to Iran: Foreign Direct Product Rule Update

Fenwick & West LLP on

On July 24, 2024, the Commerce Department’s Bureau of Industry and Security (BIS) announced amendments to the U.S. Export Administration Regulations (EAR), expanding the reach of U.S. export jurisdiction over certain...more

Wiley Rein LLP

Commerce Department Removes Key Export Control Barriers for U.S. Industry Participants in Standards Activities

Wiley Rein LLP on

On July 18, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (IFR) amending the U.S. Export Administration Regulations (EAR) so that certain technology and software...more

Fenwick & West LLP

U.S. Government Removes Export Control Barriers for U.S. Companies Participating in Standards-Setting Bodies

Fenwick & West LLP on

The U.S. government’s primary export control regulator – the Bureau of Industry and Security (BIS) within the Commerce Department – issued a new rulemaking to remove barriers from U.S. companies’ participation in...more

Torres Trade Law, PLLC

New BIS Rule Grants Australia and the UK “Nearly” the Same Treatment as Canada

Torres Trade Law, PLLC on

On April 19, 2024, the Department of Commerce Bureau of Industry and Security (“BIS”) published an interim final rule (“Interim Rule”), amending the Export Administration Regulations (“EAR”) to enhance cooperation and...more

Skadden, Arps, Slate, Meagher & Flom LLP

BIS Reduces Licensing Requirements on Exports to Australia and the UK

In an interim final rule published on April 19, 2024 (New Rule), the Department of Commerce, Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reduce licensing requirements on...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - November 2023 - Overview of BIS’s Interim Final Rules, Export Controls for Advanced Computing,...

On October 25, 2023, the Bureau of Industry and Security (“BIS”) published interim final rules amending the Export Administration Regulations (“EAR”) to add/clarify new controls on semiconductor manufacturing equipment...more

Dorsey & Whitney LLP

United States Continues Expansion of Export Control Sanctions on Chinese Companies

Dorsey & Whitney LLP on

Ongoing tensions between the United States and China have resulted in an expansion of U.S. export controls and trade sanctions against China. The Biden Administration’s October 2022 National Security Strategy (“2022 NSS”)...more

Dorsey & Whitney LLP

Biden Administration Restricts U.S. Exports of Advanced Computing and Semiconductor Manufacturing Equipment, Software, and...

Dorsey & Whitney LLP on

On October 7, 2022, the Biden Administration announced new restrictions on exports to China of advanced integrated circuits (“ICs”), computers and components containing advanced ICs, semiconductor manufacturing equipment, and...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

Sheppard Mullin Richter & Hampton LLP

China Semiconductor Export Regulations, Episode I – Counting Your Chips Carefully

The Announcement On Friday, October 7, 2022, the U.S. Bureau of Industry and Security (BIS) released for public inspection (available ...) one hundred forty pages of regulations (which we’ll call “the Regulation” here) that...more

ArentFox Schiff

US Drops New Export Controls on the Chinese Semiconductor, Advanced Computing, and Supercomputer Industries

ArentFox Schiff on

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

Wiley Rein LLP

Commerce Revises Export Rules on Entity List Companies Involved in Standard-Related Activities

Wiley Rein LLP on

On September 9, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule authorizing the release of certain U.S. technology and software in the context of standards-related...more

Procopio, Cory, Hargreaves & Savitch LLP

Why Voluntary Self-Disclosure of National Security-Related Transgressions is Critical for Defense-Related Businesses

Regulatory compliance is critical for any business involved in the export of defense related commodities. Violations under the International Traffic in Arms Regulation (ITAR) or the Export Administration Regulations (EAR) can...more

Williams Mullen

Outsourcing Manufacturing of Sensitive Items to Foreign Firms Presents Export Control Challenges

Williams Mullen on

Outsourcing the design and manufacturing of products, components and software to foreign contractors has become a significant part of manufacturing in the U.S. However, if the items involved are subject to U.S. export...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2022 - Primer on Deemed Export Compliance

When most people think of exports, they imagine the movement of merchandise across international borders. However, an export can happen without having to leave the United States, such as in your office breakroom, by storing...more

Torres Trade Law, PLLC

Lost at Sea: Lack of BIS Guidance on New Russia/Belarus FDP Rule Creates Compliance Chaos

Torres Trade Law, PLLC on

On March 2, 2022, as part of a string of sanctions and export controls, the Russia/Belarus Foreign Direct Product (“FDP”) Rule and Russia/Belarus-Military End User (“MEU”) FDP Rule took effect. These rules, generally,...more

Alston & Bird

U.S. and Allies Impose “First Tranche” of New Economic Sanctions in Response to Russian Action in Ukraine

Alston & Bird on

Our International Trade & Regulatory Group addresses the new U.S. sanctions against Russia announced this week in response to its actions against Ukraine and summarizes the similar packages announced by key U.S. allies....more

Wiley Rein LLP

Commerce Calls for Comments on U.S.-EU Export Control Cooperation

Wiley Rein LLP on

On November 30, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a notice of inquiry and request for comments on how U.S. and European Union dual-use export controls and practices may be...more

Bass, Berry & Sims PLC

U.S. Technology Company Pays for Unauthorized Exports to Russia

Bass, Berry & Sims PLC on

On September 28, the U.S. Commerce Department, Bureau of Industry and Security (BIS) announced that it has imposed a civil penalty fine and denial of export privileges against Vorago Technologies (Vorago) for the unauthorized...more

Foley Hoag LLP

Department of Commerce Expands Export Controls Related to Certain Life Sciences Software

Foley Hoag LLP on

Effective October 5, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released a final rule applying export controls to software (a) designed for certain nucleic acid assemblers and synthesizers...more

Bass, Berry & Sims PLC

Princeton Penalized for Alleged Research-Related Export Violations

Bass, Berry & Sims PLC on

On February 1, the U.S. Commerce Department, Bureau of Industry & Security (BIS), announced a settlement (available here) with Princeton University in connection with 37 alleged violations of the Export Administration...more

Akin Gump Strauss Hauer & Feld LLP

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

WilmerHale

New Commerce Department FAQs Require Due Diligence by Exporters to Assess Chinese Military End Uses and Users

WilmerHale on

On June 29, 2020, the Commerce Department issued 32 Frequently Asked Questions (FAQs) concerning revision - effective as of the same date - to Part 744.21 of the Export Administration Regulations (EAR). As we discussed in a...more

Holland & Knight LLP

U.S. Places Further Limits on Export of Items to China, Russia and Venezuela

Holland & Knight LLP on

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) on April 28, 2020, published two final rules and one proposed rule that amend the Export Administration Regulations (EAR), with the goal of limiting the...more

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