News & Analysis as of

Supply Chain U.S. Commerce Department Export Administration Regulations (EAR)

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

Morrison & Foerster LLP

The United States Imposes New Sanctions and Export Control Restrictions to Further Constrain Russia’s War Efforts, Including by...

On June 12, 2024, the United States took several hard-hitting sanctions- and export control-related actions intended to intensify pressure on the Russian government and hamper Russia’s ability to continue to support its war...more

Akerman LLP

Updated Advanced Computing and Semiconductor Manufacturing Export Controls Take Effect

Akerman LLP on

On October 17, 2023, the Commerce Department’s Bureau of Industry and Security (“BIS”) released two interim final rules (“IFRs”) that amended the Export Administration Regulations (“EAR”) to significantly expand export...more

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

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As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Paul Hastings LLP

New Emphasis on Human Rights and Human Rights Due Diligence in U.S. Export Controls

Paul Hastings LLP on

As the European Union has made continued progress toward implementing a holistic human rights legislative agenda, the United States, in the wake of the recent second Summit for Democracy, began to push its own set of human...more

Wiley Rein LLP

U.S. Commerce Department Adds Dozens of High-Tech Chinese Companies to Entity List

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On December 15, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it is adding 36 primarily Chinese entities, including Chinese memory chip maker Yangtze Memory Technologies and...more

Robinson+Cole Manufacturing Law Blog

China’s Semiconductor and Advanced Computing Industries Targeted by New Department of Commerce Export Restrictions

On October 7, 2022, the U.S. Department of Commerce announced a series of new export controls designed to curtail China’s access to certain advanced semiconductor chips and technology, integrated circuits, and advanced...more

Fenwick & West LLP

US Commerce Department Authorizes Release of Certain Technology and Software to All Entities on the Entity List in...

Fenwick & West LLP on

On September 9, 2022, the U.S. Commerce Department’s Bureau of Industry and Security (BIS or Commerce) published a rule, sought by tech and telecom companies, and industry organizations, authorizing the release of certain...more

BakerHostetler

Understanding and Complying with the Uyghur Forced Labor Protection Act

BakerHostetler on

The Uyghur Forced Labor Protection Act (UFLPA) applies to all merchandise imported into the United States on or after June 22, 2022. The UFLPA establishes a rebuttable presumption that goods mined, produced, or manufactured...more

The Volkov Law Group

U.S. Commerce and Treasury Departments Increase Sanctions Against Chinese Entities

The Volkov Law Group on

The United States Department of Commerce and Department of Treasury continue to ramp up sanctions against Chinese entities as part of the ongoing tension between China and the United States. ...more

Wilson Sonsini Goodrich & Rosati

Know Your Customer: OFAC, BIS Penalize Companies for Sales of “EAR99” Items and Services to Prohibited Parties Through...

The U.S. government recently took action in two cases against companies for exports to distributors that resold their products to prohibited parties. The products at issue in both cases are designated "EAR99," which is a...more

King & Spalding

Trade And Investment In China Headed For More Scrutiny Due To Forced Labor Issues

King & Spalding on

The United States Has Taken Major Steps Towards Combating Forced Labor In China, And More Action Is Coming - U.S. enforcement actions and legislative developments in Congress signal a sweeping U.S. effort to take more...more

Dorsey & Whitney LLP

U.S. Department of Commerce Sanctions Seven Chinese Supercomputer Firms

Dorsey & Whitney LLP on

On April 8, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added seven Chinese supercomputer firms and organizations to its Entity List, the agency’s principal export sanctions list. BIS alleges...more

Wilson Sonsini Goodrich & Rosati

Further Expansion of U.S. Export Controls on Huawei and Related Entities

On August 17, 2020, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a final rule that makes three significant changes to the export licensing requirements on technology, commodities, and...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Department Extends Export Controls over Foreign-Made Items in Huawei’s Contract Manufacturing Supply Chain

- The U.S. Department of Commerce has published a highly complex and novel interim final rule extending the controls of the Export Administration Regulations (EAR) over foreign-made items in Huawei’s contract manufacturing...more

Goodwin

U.S. Limits Huawei’s Access to Foreign-Produced Items and Announces Final 90-Day Extension to Temporary General License

Goodwin on

On May 15, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule amending the Export Administration Regulations (EAR) to prohibit the supply of certain foreign-produced...more

Hogan Lovells

BIS Expands Foreign-Produced Direct Product Rule With Regard to Huawei

Hogan Lovells on

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

Orrick, Herrington & Sutcliffe LLP

New Syria, North Korea and Other Sanctions Provisions Enacted as Parts of the National Defense Authorization Act for Fiscal Year...

On December 20, 2019, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2020 (“NDAA 2020”), which includes numerous sanctions-related provisions. The law includes the previously introduced...more

Sheppard Mullin Richter & Hampton LLP

Chasing Huawei: BIS May Change the Rules of the Game to Target One Player

The U.S. Department of Commerce is considering tightening export controls in two major ways. The changes are aimed at choking off supplies to Huawei, but the move could impact a wide range of commercial transactions for all...more

ArentFox Schiff

US Administration Tests the Water on New Unheard-of Government Review of International Technology Transactions

ArentFox Schiff on

Under this new evaluation process, Commerce can prohibit companies from engaging in a wide variety of transactions and order them to cease using the information technology or telecommunication system in question even if it is...more

Society of Corporate Compliance and Ethics...

Indictment for export of dual-use item to Libya

Report on Supply Chain Compliance 2, no. 21 (November 7, 2019) - The U.S. Department of Justice indicted Peter Soti for alleged violations of the International Emergency Economic Powers Act and the Export Administration...more

Womble Bond Dickinson

Commerce Department Blacklists Additional Huawei Affiliates but Grants More Time to U.S. Businesses to Disengage from Huawei,...

Womble Bond Dickinson on

On August 19, 2019, the Department of Commerce Bureau of Industry and Security (“BIS”) announced that it has added 46 additional Huawei Technologies Co., Ltd. (However, although these restrictions make it harder for U.S....more

BCLP

US Government Expands Restrictions on Huawei with New Entity List Designations, Issues Extension of Temporary General License

BCLP on

On August 19, 2019, the Department of Commerce, Bureau of Industry and Security (BIS) continued its actions restricting access by Huawei and certain of its non-US affiliates to goods, software and technology that are subject...more

Wilson Sonsini Goodrich & Rosati

Huawei Export Control Update: 46 More Huawei Affiliates Added; General License Extended

More Huawei Affiliates Added - Effective August 19, 2019, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) added 46 more non-U.S. affiliates of Huawei Technologies Co. Ltd. of China (collectively...more

Eversheds Sutherland (US) LLP

US government targets tech giant Huawei in China trade war

Consistent with the ongoing United States (US) strategy of limiting engagement with China in the high-tech sector (especially telecommunications) on national security grounds, the US Department of Commerce’s Bureau of...more

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