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To curtail U.S. persons from supporting the efforts of adversarial regimes, such as China and Russia, in advancing their military and intelligence capabilities, the U.S. is proposing a significant expansion of export control...more
On June 14, 2024, U.S. Department of Commerce Assistant Secretary for Export Enforcement, Matthew Axelrod, officially issued an order activating the suspended portion of a civil penalty that was imposed on U.S-based freight...more
Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more
On November 6, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) hosted a public briefing to address questions and further clarify its recently announced rules on October 17, 2023. The new measures...more
The U.S. Department of Commerce's Bureau of Industry and Security ("BIS") recently released two rules to update export controls on advanced semiconductors, semiconductor development and production, and items that support...more
On October 17, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued new controls aimed at further slowing China’s development of advanced AI technologies. These new controls, published in two...more
According to the National Center for Science and Engineering Statistics (“NCSES”), a key driver in the scientific and technological accomplishments of U.S. research universities is the volume of federal support for research...more
In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives....more
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule effective March 2, 2023, amending the Export Administration Regulations (EAR) by adding 37 entities to the Entity List, including...more
On February 14, 2023, the U.S. Department of Commerce Bureau of Industry Security (BIS) amended the Export Administration Regulations (EAR) (15 C.F.R. §§ 730 et seq.) list (Entity List) by adding six China-based entities. The...more
The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce announced this past week that it was adding more than three dozen companies to the Entity List effective immediately. This is the second round of...more
Following U.S. tracking of the People’s Republic of China’s high-altitude balloon over U.S. airspace, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) identified and designated six entities from the...more
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
"As I told Congress in July, my north star at BIS is to ensure that we are appropriately doing everything in our power to protect our national security and prevent sensitive technologies with military applications from being...more
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
On October 13, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published an interim final rule that significantly expanded export controls designed to thwart China’s efforts to acquire...more
On October 7, 2022, the Bureau of Industry and Security (BIS) announced a new policy that would continually escalate restrictions on entities that fail to comply with BIS’s end-use verification checks, regardless of whether...more
On October 7, 2022, the Bureau of Industry and Security (BIS) issued a long-awaited interim final rule implementing new export controls on advanced computing chips, computers, and components including new Export Control...more
Over the last several weeks, the Bureau of Industry and Security (BIS) has telegraphed sweeping, new controls on U.S. exports to the People’s Republic of China (PRC) pertaining to tools and technologies that support advanced...more
On December 1, 2020, China's Export Control Law ("ECL") took effect. Prior to the ECL, China's export control regime was scattered across multiple laws, regulations, and guidelines enforced by an array of government...more
On 18 December 2020, BIS added over 70 entities to the Entity List, including Semiconductor Manufacturing International Corporation (SMIC) of China. Most of these entities are subject to a presumption of denial for licenses...more
The U.S. government is expanding international trade restraints against Huawei Technologies Co. Ltd. (“Huawei”) and its affiliates in an effort to further restrict Huawei’s access to U.S. technologies.....more
On July 22, 2020, the U.S. Department of Commerce issued a final rule adding 11 Chinese companies (Listed Entities) to the Bureau of Industry and Security’s (BIS) Entity List for allegedly “engaging in or enabling activities...more
The Commerce Department’s Bureau of Industry and Security has announced an Interim Final Rule amending the Export Administration Regulation’s General Prohibition Three, the foreign-produced direct product rule....more
The title of this article is based on a line in an old song, “Everybody’s Crying Mercy,” by Mose Allison. As modified, the couplet captures the cognitive dissonance that many are feeling as a result of the federal...more