On April 18, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued a policy memorandum clarifying the Office of Export Enforcement’s (OEE) policies encouraging both Voluntary Self-Disclosures...more
5/1/2023
/ Bureau of Industry and Security (BIS) ,
Civil Monetary Penalty ,
Enforcement ,
Enforcement Actions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Policy Memorandums ,
Self-Disclosure Requirements ,
Self-Reporting ,
Statutory Violations ,
U.S. Commerce Department ,
Voluntary Disclosure
As we pass the one-year anniversary of Russia's invasion of Ukraine, the U.S. government has launched an interagency initiative to crack down on evasion and violations of U.S. sanctions and export controls targeting Russia...more
3/7/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Ukraine
Those navigating the federal restrictions on foreign investment administered by the Committee on Foreign Investment in the United States (CFIUS) must contend with yet another dynamic: possible state restrictions. With respect...more
On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS or Committee) issued novel Enforcement and Penalty Guidelines (Guidelines), which emphasize the enforcement aspect of its legal...more
On Tuesday, October 18, 2022, U.S. Customs and Border Protection (CBP) published two final rules implementing long-awaited changes to its customs broker regulations (19 C.F.R. Part 111). Issued after an extended review by the...more
Following the Advance Notice of Proposed Rulemaking on Demurrage and Detention Billing Requirements published in the Federal Register in February, the Federal Maritime Commission (FMC or “the Commission”) notified the public...more
In 2017, the Office of the United States Trade Representative (USTR) launched an investigation into the Government of China's acts, policies, and practices related to "technology transfer, intellectual property, and...more
10/14/2022
/ China ,
Comment Period ,
Imports ,
Intellectual Property Protection ,
Section 301 ,
Supply Chain ,
Tariffs ,
Technology ,
Trade Act of 1974 ,
US Trade Policies ,
USTR
On Friday, October 7, 2022, the Biden administration introduced significant new export controls targeting the People's Republic of China (PRC), aimed at countering military and technological modernization efforts of...more
10/12/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Relations ,
Semiconductors ,
Technology Sector
On Friday, October 7, 2022, the Biden administration introduced significant new export controls targeting the People's Republic of China (PRC), aimed at countering military and technological modernization efforts of...more
10/12/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Relations ,
Semiconductors ,
Technology Sector
Commerce Implements New Restrictions on Russia and Belarus under the EAR -
On September 16, 2022, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), issued a Final Rule (Implementation of Additional...more
In light of the challenges faced by U.S. shipping interests, the Ocean Shipping Reform Act of 2022 (“OSRA 2022”) amended various statutory provisions of the Shipping Act of 1984 (“Shipping Act”), including common...more
On September 15, 2022, President Biden signed an executive order (EO) directing consideration of certain national security factors by the Committee on Foreign Investment in the United States (CFIUS or "the Committee")...more
9/21/2022
/ Biden Administration ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
National Security ,
Supply Chain ,
Technology Sector
When U.S. House of Representatives Speaker Nancy Pelosi made a historic visit to the Republic of China (Taiwan) on August 2, 2022, the world watched with bated breath. The visit, which was the first time in over two...more
On June 16, 2022, President Biden signed into law the Ocean Shipping Reform Act of 2022 ("OSRA 2022"), which amended the Shipping Act of 1984 ("the Shipping Act"). Among the various amendments, OSRA 2022 included a new...more
This is part of a series of advisory alerts from Venable's International Trade and Logistics Group, published in response to the ongoing war in Ukraine. Earlier alerts on Russia and Ukraine sanctions are available in...more
6/30/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Executive Orders ,
Financial Institutions ,
FinCEN ,
G7 ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
State-Owned Enterprises ,
Trade Restrictions ,
UK ,
Ukraine
On June 24, 2022, the Federal Maritime Commission’s Office of the General Counsel issued an opinion on the effective date of the new Ocean Shipping Reform Act of 2022 (“OSRA 2022”), Pub. L. 117-146. Per the General Counsel,...more
Earlier this week, the U.S. House of Representatives approved the Ocean Shipping Reform Act of 2022 (OSRA 2022) in a 369-42 vote. OSRA 2022 is a bipartisan bill introduced by Senator Amy Klobuchar (D-MN) and Senator John...more
As Ukraine-Russia peace talks continue, the U.S. government continues to bring the heat. Yesterday, the Department of Commerce, Bureau of Industry and Security (BIS), issued a Final Rule broadly expanding existing...more
On May 3, 2022, the Office of the United States Trade Representative (USTR) announced it would be "commencing the statutory four-year review" of the Section 301 actions, effectively starting a process to potentially terminate...more
On April 22, 2022, the Federal Maritime Commission (FMC) fined Hapag-Lloyd A.G. and its agent, Hapag-Lloyd (America) LLC (collectively referred to as "Hapag-Lloyd"), for violating § 41102(c) of the Shipping Act of 1984. The...more
As the conflict in Ukraine escalates, the United States and its allies continue to ramp up pressure against the Russian government with new, increasingly punitive sanctions and other economic measures. The latest wave of...more
4/7/2022
/ Biden Administration ,
Economic Sanctions ,
Executive Orders ,
Financial Transactions ,
Foreign Policy ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Ukraine
As the Russian invasion of Ukraine reaches the one-month mark, the United States government, its allies, and several U.S. states continue to roll out new measures to further isolate Russia from the global economy. The latest...more
On Friday, March 11, 2022, President Biden, in coordination with G7 leaders in the United Kingdom, European Union, Canada, and Japan, announced another round of economic actions aimed at further isolating the Russian economy...more
3/17/2022
/ Biden Administration ,
Countermeasures ,
Economic Sanctions ,
EU ,
Export Controls ,
Foreign Policy ,
Foreign Trade Regulations ,
G7 ,
Imports ,
Russia ,
Tariffs ,
Trade Restrictions ,
Ukraine
This is part of a series of advisory alerts from Venable in response to the ongoing situation in Ukraine. Earlier alerts on Russia and Ukraine sanctions are available here....more
3/9/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Energy Sector ,
Entity List ,
Export Administration Regulations (EAR) ,
Foreign Relations ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Ukraine
The United States, in coordination with global allies, continues to introduce sanctions and trade restrictions targeting the Russian government and its allies for their aggression in Ukraine. With these new measures and...more