The Commerce Department issued new guidance for financial institutions on best practices for compliance with the Export Administration Regulations (EAR). Available here, the guidance emphasizes enhanced due diligence, ongoing...more
11/15/2024
/ China ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Duties ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Investment ,
Hedge Funds ,
International Trade ,
ITAR ,
NASA ,
North Korea ,
Private Equity ,
Semiconductors ,
Solar Panels ,
U.S. Commerce Department ,
U.S. Treasury ,
US State Departments
The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule implementing licensing requirements for these emerging technology products for export to all foreign countries. See the...more
9/20/2024
/ AUKUS ,
Australia ,
Belarus ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Emerging Technologies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Direct Product Rule ,
Foreign Governments ,
Foreign Investment ,
ITAR ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Technology ,
U.S. Treasury ,
UK ,
US Department of State
The Bureau of Industry and Security (BIS) issued new guidance to prevent the diversion of controlled items to Russia. This guidance recommends the use of the Trade Integrity Project (TIP) database, which tracks suppliers with...more
8/14/2024
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Commerce Control List ,
Directorate of Defense Trade Controls (DDTC) ,
Emerging Technologies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
Foreign Adversaries ,
Foreign Investment ,
International Trade ,
National Security ,
NCSC ,
Office of Foreign Assets Control (OFAC) ,
Real Estate Transactions ,
Russia ,
Sensitive Business Information
In line with Group of Seven (G7) efforts to disrupt the Russian military-industrial base’s reliance on foreign IT systems, in June 2024 the U.S. Department of Commerce and the Department of the Treasury jointly issued new...more
8/5/2024
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Cloud Computing ,
Export Administration Regulations (EAR) ,
Information Technology ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SaaS ,
Software ,
U.S. Commerce Department ,
U.S. Treasury
On June 20, the Department of Commerce’s Bureau of Industry and Security (BIS) for the first time banned a software and cybersecurity company using authority provided by June 2023’s “Protecting Americans’ Sensitive Data from...more
7/15/2024
/ Building Information Modeling (BIM) ,
Bureau of Industry and Security (BIS) ,
Critical Infrastructure Sectors ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Adversaries ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SaaS ,
Sensitive Business Information ,
Software ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On May 10, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an Interim Final Rule (IFR), effective August 8, 2024, that updates the Reporting, Procedures, and Penalties Regulations....more
6/14/2024
/ Antiboycott Requirements ,
Biden Administration ,
Blocked Entities ,
China ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Export Administration Regulations (EAR) ,
Exports ,
Interim Final Rules (IFR) ,
Israel ,
Office of Foreign Assets Control (OFAC) ,
Reporting Requirements ,
Russia ,
Section 301 ,
Self-Disclosure Requirements ,
Senate Finance Committee ,
Tariffs ,
Turkey ,
U.S. Commerce Department ,
U.S. Treasury ,
Ukraine ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA)
On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and...more
5/9/2024
/ AUKUS ,
CFIUS ,
Copyright Infringement ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
FIRRMA ,
Foreign Investment ,
Immigration and Customs Enforcement (ICE) ,
International Emergency Economic Powers Act (IEEPA) ,
ITAR ,
Made in the USA ,
National Security ,
NDAA ,
Prohibited Transactions ,
Proposed Rules ,
Russia ,
U.S. Treasury ,
United States-Mexico-Canada Agreement (USMCA) ,
US Department of State ,
Uyghur Forced Labor Prevention Act (UFLPA)
1. OFAC Imposes Sanctions on Russian Elites Who Were Board Members of Alpha Group-
On Aug. 11, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated four Russian individuals, Petr...more
9/7/2023
/ Boycotts ,
Build America Investment Initiative ,
Bureau of Industry and Security (BIS) ,
Buy America ,
Department of Justice (DOJ) ,
Employment Discrimination ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Corporations ,
Internal Revenue Code (IRC) ,
Lawful Permanent Residents ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Ownership Interest ,
Parent Corporation ,
Popular ,
Russia ,
SDN List ,
SpaceX ,
Suppliers ,
Virtual Currency
1. Recent Enforcement Includes Largest Standalone BIS Penalty-
•Sale of foreign goods made with U.S. technology triggers largest standalone penalty On April 19, the Bureau of Industry and Security (BIS) issued a record $300...more
5/5/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Code of Conduct ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
General Motors ,
Huawei ,
Human Rights ,
Immigration and Nationality Act ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
Trade Relations ,
Voluntary Disclosure
On September 15, President Biden issued the first ever executive order (E.O.) regarding the Committee on Foreign Investment in the United States (CFIUS). While the E.O. does not change the law or regulations related to CFIUS...more
10/6/2022
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Customs and Border Protection ,
Cybersecurity ,
Department of Defense (DOD) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Federal Contractors ,
Forced Labor ,
Foreign Investment ,
Imports ,
Investigations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
U.S. Treasury ,
Uyghur Forced Labor Prevention Act (UFLPA)
1. Updates to Russia Sanctions and Export Controls-
In response to the ongoing attack on Ukraine, the U.S. government continues on a weekly basis to increase economic sanctions and export controls on Russia.
...more
4/11/2022
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Court of International Trade ,
Cryptocurrency ,
Economic Sanctions ,
Environmental Social & Governance (ESG) ,
Export Administration Regulations (EAR) ,
Export Controls ,
FCC ,
International Trade ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Supply Chain ,
Tariffs ,
U.S. Treasury
1. United States Hits Russia With Expanded Sanctions and Export Controls-
In what remains a rapidly changing environment, in the last several weeks, the U.S. government imposed significant additional sanctions on Russia,...more
3/9/2022
/ Bureau of Industry and Security (BIS) ,
CAPTA List ,
Central Bank of Russia ,
Cybersecurity ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Institutions ,
General Licenses ,
ITAR ,
Russia ,
SDN List ,
Software ,
U.S. Commerce Department ,
Ukraine
1. U.S. Emerging Tech Companies Can’t Work With These Chinese Entities
On November 26, the Commerce Department’s Bureau of Industry and Security added 27 foreign organizations and individuals, including eight technology...more
12/7/2021
/ China ,
Court of International Trade ,
Emerging Technologies ,
Emerging Technology Companies ,
Entity List ,
Export Administration Regulations (EAR) ,
Exports ,
FCC ,
MOFCOM ,
Office of Foreign Assets Control (OFAC) ,
SaaS ,
Sanctions ,
Technology Sector ,
U.S. Treasury ,
USTR ,
ZTE
As trade compliance gains more traction, US regulators have made it clear that having compliance policies in place is critical, regardless of the company size or the industry. The implementation of such compliance programs...more
11/9/2020
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Compliance ,
Cuba ,
Department of Justice (DOJ) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Fines ,
National Security ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Sanction Violations ,
Shipping Cargo