News & Analysis as of

Foreign Entities U.S. Commerce Department

Mayer Brown

US Senate Committee Passes Legislation to Prohibit Agencies from Awarding Contracts to Consulting Firms That Also Work for China...

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On May 15, 2024, the Senate Homeland Security and Government Affairs Committee (the “Committee”) passed an amended version of the “Time to Choose Act of 2024” (the “Act”) on a bipartisan 10-1 vote. If enacted, the legislation...more

Ankura

U.S. Department of Commerce Issues Proposed Rule Impacting AI and U.S. IaaS Providers to Counter Foreign Malicious Actors

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On January 29, 2024, the Bureau of Industry and Security (BIS) at the U.S. Department of Commerce issued a new proposed regulatory rule (the “Proposed Rule”), which will impose significant diligence, monitoring, and reporting...more

Sheppard Mullin Richter & Hampton LLP

Guidance to Foreign Companies on Export Controls and Sanctions: Departments of Commerce, Treasury, and Justice Issue Tri-Seal...

On Wednesday, March 6, 2024, the Department of Commerce, Department of the Treasury and Department of Justice issued another Tri-seal Compliance Note, focusing this time on the obligations of foreign based persons complying...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - October 2023

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1. Seagate Technology Gets Largest-Ever BIS Penalty for Sales to Huawei- Seagate Technology LLC recently incurred a $300 million civil penalty from U.S. Department of Commerce’s Bureau of Industry and Security (BIS) due to...more

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – July 2023 Update

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July saw two noteworthy Russia enforcement actions. A Russian national was arrested in Estonia and extradited to the United States after being charged with conspiring to procure U.S.-origin technologies and ammunition on...more

Pillsbury Winthrop Shaw Pittman LLP

Commerce Releases New Proposed Rule Governing Restrictions on Chinese Investments by CHIPS Act Applicants

The proposed rule tightens restrictions on activities by “affiliates” and clarifies scope of statutory clawbacks. The Department of Commerce released a proposed rule imposing guardrails preventing the “improper use of...more

Womble Bond Dickinson

New PAIP Act Requires U.S. President to Annually Report to Congress on Foreign Nationals Involved in the Theft of Trade Secrets...

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The Protecting American Intellectual Property Act of 2022 (“PAIP”) became law on January 5, 2023, establishing a new enforcement procedure to deter the theft of trade secrets from the United States by foreign actors. PAIP...more

Dorsey & Whitney LLP

Congress, President Align on Powerful New U.S. Intellectual Property Protection Law

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On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in...more

ArentFox Schiff

Sleeper Trump Rule on ‘Military-Intelligence End Uses or Users’ Goes Into Effect

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Companies should be prepared to conduct additional due diligence for any transactions involving entities in the countries enumerated in this rule. In an interim rule published on, January 15, 2020, the Department of...more

Morrison & Foerster LLP

China's "Unreliable Entity List" Will Be In A Dilemma When Multinational Companies Respond To US Sanctions And "Long-Arm...

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China has recently introduced unreliable entity list ("Entity List") regulations to provide a framework for China's upcoming list of economic sanctions. As early as October 2018 and March 2020, China has implemented "blocking...more

Morrison & Foerster LLP

China’s “Unreliable Entity List” Creates New Countervailing Risks For Companies Navigating U.S. Sanctions And Long-Arm Enforcement...

Newly issued Unreliable Entity List (“UEL”) regulations establish a framework for list-based economic sanctions to be administered by China. Viewed together with “blocking statutes” implemented in March 2020 and October 2018...more

Husch Blackwell LLP

D.C. Federal Judge Rules EAR Does Not Infringe FedEx’s Rights

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A federal judge for the U.S. District Court for the District of Columbia dismissed FedEx Corporation’s challenge to the U.S. Department of Commerce’s (Commerce) Export Administration Regulations (EAR). Specifically, FedEx...more

Foley Hoag LLP

BE-10 Benchmark Survey of U.S. Direct Investment Abroad – Filing Requirement

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The U.S. Bureau of Economic Analysis (BEA) has announced it is once again time for the BEA’s BE-10 Benchmark Survey of U.S. Direct Investment Abroad. The BEA is an agency of the United States Department of Commerce and...more

Holland & Knight LLP

Upcoming BE-140 Benchmark Survey Mandates Response

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The U.S. Department of Commerce's Bureau of Economic Analysis (BEA) recently made several changes to the survey form for the mandatory BE-140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Adds 50 Foreign Entities to the Unverified List (and Removes 10)

• The Commerce Department’s Bureau of Industry and Security (BIS) has added 50 entities to its Unverified List (UVL). Thirty-seven of the newly listed entities are in China. BIS also removed 10 entities from the list that had...more

Goulston & Storrs PC

BE-10 Filings For Foreign Subsidiaries: the Countdown is On

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The countdown is on: every five years, the U.S. Department of Commerce’s (DoC) Bureau of Economic Analysis (BEA) conducts a survey of U.S. corporate entities with foreign affiliates. The DoC conducts these surveys to produce...more

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