News & Analysis as of

National Security Final Rules U.S. Commerce Department

Fenwick & West LLP

Access Control and Emerging Tech Remain Top Priorities in BIS Regulatory Agenda

Fenwick & West LLP on

The Bureau of Industry and Security (BIS) has published its spring 2024 regulatory agenda along with the rest of the Commerce Department. Of note is the continued focus on access to emerging technology, particularly relating...more

Locke Lord LLP

U.S. Commerce Department ‎Coordinates Efforts With OFAC to Counter National Security ‎Threats

Locke Lord LLP on

The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) introduced a significant final rule on March 20, 2024, intending to fortify national security. This rule amendment enhances restrictions under the Export...more

Dechert LLP

The U.S. Department of Commerce Finalizes the CHIPS Act’s Guardrails to Curb National Security Risks

Dechert LLP on

On September 25, 2023, the U.S. Department of Commerce (“Commerce”) issued the final rule (the “Final Rule”) regarding the use of funds offered under the CHIPS and Science Act (the “CHIPS Act”). The Final Rule...more

Morgan Lewis

US Department of Commerce Finalizes National Security Guardrails for CHIPS Incentives Program

Morgan Lewis on

The Department of Commerce’s (Commerce’s) National Institute of Standards and Technology has officially released final rules to bolster the national security measures implemented as part of the Creating Helpful Incentives to...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Expands Nuclear Export Controls on China

In a rule effective August 11, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) expanded nuclear nonproliferation controls on China, as part of the U.S. government’s latest efforts to address...more

Hogan Lovells

U.S. implements new export controls on toxins, plant pathogens and biological equipment

Hogan Lovells on

The United States Department of Commerce’s Bureau of Industry and Security has issued regulations to amend the Export Administration Regulations to implement changes to controls of certain viruses, marine toxins, plant...more

Hogan Lovells

BIS adds 27 entities to the Entity List from China, Japan, Pakistan, and Singapore

Hogan Lovells on

On November 26, 2021, the Bureau of Industry and Security (BIS) published a Final Rule adding 27 entities to the Entity List under the Export Administration Regulations (EAR). These entities are located in China, Japan,...more

Morgan Lewis

CFIUS Concerns in Life Science Investment and Venture Capital Transactions

Morgan Lewis on

There has been a significant increase in cross-border investment (FDI) in the US life sciences industry, including both medtech and biopharmaceutical companies. Determining if life sciences companies, particularly those in...more

White & Case LLP

US Commerce Department issues “Military End User” List

White & Case LLP on

On December 23, 2020, the US Department of Commerce's Bureau of Industry and Security ("BIS") issued a final rule creating a "Military End User List" ("MEU List") under the Export Administration Regulations ("EAR"). The final...more

BCLP

BIS Rule Changes: The Gift That Keeps on Giving

BCLP on

As 2020 comes to a close, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) continues to implement new measures targeting countries of interest, among them Russia and China (which now, for export...more

Cooley LLP

Alert: US Government Imposes Export Restrictions on SMIC, DJI and 75 Other Entities

Cooley LLP on

The US Department of Commerce’s Bureau of Industry and Security has issued a Final Rule adding 77 companies to the Entity List, a restricted party list that identifies foreign persons that engage in activities contrary to US...more

Morrison & Foerster LLP

New Rules For Mandatory CFIUS Filings Take Effect On October 15

Parties to investment transactions involving U.S. businesses engaged in “critical technologies” activities will soon be subject to modified requirements for mandatory filings to the Committee on Foreign Investment in the...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

Perkins Coie

BIS Tightens Controls on Exports of National Security-Controlled Items

Perkins Coie on

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) on April 28, 2020, published two final rules and a proposed rule that substantially tighten the controls in the Export Administration Regulations (EAR)....more

BCLP

Exporting Under the EAR? Beware BIS Changes to Military End-Use/Military End-User Restrictions and License Exceptions

BCLP on

In a burst of activity, the US Department of Commerce, Bureau of Industry and Security (BIS) issued two final rules and one proposed rule. These rules, published in the Federal Register on April 28, 2020, made a series of...more

Akin Gump Strauss Hauer & Feld LLP

BIS Announces the Elimination of License Exception CIV, Expanded Licensing Requirements on Exports to Chinese, Russian, and...

- On April 28, 2020, the Bureau of Industry and Security of the U.S. Department of Commerce announced changes to the Export Administration Regulations (EAR) through three notices published on the Federal Register. The changes...more

Dechert LLP

Department of Commerce Regulatory Changes: Eliminating Export Exemptions and Increasing Compliance Obligations to Gain Insight...

Dechert LLP on

On April 28, 2020, the Commerce Department’s Bureau of Industry and Security (“BIS”) published two final rules and one proposed rule targeting national security controlled exports and reexports to China, Russia, and...more

Latham & Watkins LLP

Final CFIUS Regulations Implementing FIRRMA Take Effect in February 2020: 10 Key Questions Answered

Latham & Watkins LLP on

Under the final regulations, CFIUS filings for certain transactions will be required, and CFIUS will have broader jurisdiction to review certain foreign investments. On January 13, 2020, the US Treasury Department published...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Adds Huawei, Its Non-US Affiliates Worldwide and Others to the Entity List

• On May 16, 2019, the U.S. Department of Commerce published a final rule adding Huawei and 68 other companies, mostly its non-U.S. affiliates worldwide, to the Entity List... The rule will be officially published in the...more

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