News & Analysis as of

U.S. Commerce Department Technology Sector Foreign Policy

Dorsey & Whitney LLP

Commerce Department Adopts Sweeping Changes in U.S. Export Controls

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On September 6, the Bureau of Industry and Security (“BIS”) in the U.S. Commerce Department issued an interim final rule (“IFR”) under the Export Administration Regulations (“EAR”) to add new export controls on semiconductor,...more

Dorsey & Whitney LLP

Biden Administration Again Expands Sanctions on Russia and Its Third Party Supporters

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As Russia continues its war against Ukraine and Ukraine has itself recently opened a new front by capturing Russian territory in its Kursk region, the United States announced on August 23 its latest tranche of sanctions...more

King & Spalding

The U.S. Departments of Commerce and State Issue Proposed Rules Expanding Controls on Military and Security-Related Services, End...

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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

Latham & Watkins LLP

US Treasury Department Issues Notice of Proposed Rulemaking on Implementation of Outbound Investment: 5 Key Takeaways

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The proposed regulations would implement President Biden’s Executive Order that restricts certain outbound investments from the US. On June 21, 2024, the US Department of the Treasury (Treasury) issued a Notice of Proposed...more

A&O Shearman

U.S. Clarifies and Strengthens Restrictions on Semiconductor Exports to China

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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

Wilson Sonsini Goodrich & Rosati

BIS Expands Export Controls on Advanced Computing Integrated Circuits for Supercomputer and Semiconductor End Use, and on...

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

Dechert LLP

Follow the Money: The CHIPS and Science Act’s (Limited) Outbound Review Mechanism

Dechert LLP on

Key Takeaways The CHIPS Program Office of the U.S. Department of Commerce's National Institute of Standards and Technology (“NIST”) proposed a rule that describes the expected procedure for reviewing outbound investments...more

Wilson Sonsini Goodrich & Rosati

United States Imposes Export Restrictions on Beijing Genomics Institute (BGI) Group Subsidiaries over National Security Concerns

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

PilieroMazza PLLC

Department of Commerce Adds 6 China-Based Entities to Export Administration Regulations List

PilieroMazza PLLC on

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

Guidepost Solutions LLC

“Chipping” Away at the Right to Fundamental Research?

New Export Control Regulations Must Be Examined to Ensure Protection of International Research Collaborations - U.S. government actions to enhance and protect U.S. technological innovation have been regularly featured in...more

Morgan Lewis

Sweeping US Export Controls on Semiconductor, Supercomputer Manufacturing in China Raise Compliance Questions

Morgan Lewis on

The US Department of Commerce’s Bureau of Industry and Security (BIS) released an interim final rule (IFR) on October 7, 2022, imposing additional export controls on certain advanced computing and semiconductor manufacturing...more

Wilson Sonsini Goodrich & Rosati

BIS Announces New End-Use Check Policy; Adds YMTC, 30 Additional Chinese Entities to Unverified List

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

Brownstein Hyatt Farber Schreck

Bureau of Industry and Security Announces Expanded Semiconductor Controls and Foreign Direct Product Rules

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

US Imposes Sanctions on 11 Chinese Companies, Citing Human Rights Violations

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

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

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

A&O Shearman

US Government Actions Greatly Increase Oversight of US Supply Chains

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The U.S. government undertook several recent actions that will greatly increase its oversight of U.S. supply chains in a number of key business sectors, including technology, telecommunications, digital and data services and...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

Akin Gump Strauss Hauer & Feld LLP

Commerce Extends and Revises Temporary General License Authorizing Specified Transactions with Huawei and Its Affiliates; Adds...

• The Commerce Department’s Bureau of Industry and Security (BIS) has added 46 additional Huawei affiliates to the Entity List. The export, reexport, and transfer to these entities of commodities, software, and technology...more

Holland & Knight LLP

The Drama Around Huawei: Can U.S. Companies Do Business with the Chinese Chipmaker? - Huawei Seems to Be a Bargaining Chip in...

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• President Donald Trump saying at the recent G20 Summit in Japan that American companies could keep selling products to Huawei Technologies Co. Ltd. (Huawei) was another installment in the drama surrounding the Chinese tech...more

Akin Gump Strauss Hauer & Feld LLP

Reminder: Commerce Department Prohibitions Pertaining to Huawei Can Apply to Transactions by Non-U.S. Companies

• Since the addition of Huawei and many of its affiliates to the Entity List, there has been significant media coverage over which types of transactions involving the listed entities are, and are not, prohibited without a...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Department Issues Temporary General License Authorizing Certain Transactions with Huawei and its Designated Affiliates

• On May 20, 2019, the U.S. Department of Commerce published a 90-day Temporary General License (TGL) authorizing limited categories of exports, reexports, or transfers that are otherwise prohibited pursuant to the addition...more

Sheppard Mullin Richter & Hampton LLP

Hua-Wait a Minute: Entity Designation Affects Non-U.S. Manufacturers’ Exports to China Tech Giant

On May 16, 2019, a sweeping U.S. export control rule went into effect that will impact the U.S. tech industry, but may also create an outsized risk for non-U.S. manufacturers. The rule, issued by the U.S. Department of...more

Sheppard Mullin Richter & Hampton LLP

New Executive Order To Further Restrict Business with Huawei and Other Foreign Adversaries Engaged in Cyber Espionage

On May 15, 2019, President Trump issued an Executive Order (“EO”) targeting activities of certain foreign telecommunications companies based in hostile countries. Entitled “Securing the Information and Communications...more

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