This alert addresses recent developments relating to former President Trump's executive orders on Chinese Military Companies that affect both investors in covered securities and exporters.
OFAC's Frequent Asked Questions -...more
On December 23, 2020, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued the anticipated list of designated military end users (MEU List) under Section §744.21 (MEU Rule) of the Export Administration...more
12/29/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Defense (DOD) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Military End Use ,
National Security ,
NDAA ,
Russia ,
U.S. Commerce Department
The automotive landscape dictating the relationship between OEMs, Tier 1 suppliers and sub-suppliers is changing due to the entrance of new market participants within the automotive supply chain. The new market participants...more
The United States has imposed tariffs on various Chinese products under Section 301 of the Trade Act of 1974, one of the principal statutes by which the United States enforces trade agreements and addresses unjustifiable...more
New U.S. Treasury rules expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review foreign direct investment in the United States take effect on Feb. 13. Our summary of the new...more
2/12/2020
/ CFIUS ,
Enforcement Authority ,
Federal Pilot Programs ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Investment ,
Investment Funds ,
NAIC ,
National Security ,
Real Estate Investments ,
U.S. Treasury
The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. and 68 of its Chinese and global non-US affiliates (the Huawei Group) to the BIS Entity...more
5/23/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
Huawei ,
National Security ,
Popular ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
President Donald J. Trump signed and issued an Executive Order (EO) on May 15, 2019, declaring a national emergency with respect to threats against U.S. information and communications technology or services (I&C Technologies)...more
The Export Control Reform Act of 2018 (ECRA) will have a foundational and emerging impact on the future of U.S. export controls and foreign direct investment.
The ECRA sits within the voluminous John S. McCain National...more
10/31/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Direct Investment ,
General Licenses ,
ITAR ,
NDAA ,
U.S. Commerce Department ,
USML
The U.S. recently announced some important updates related to U.S. sanctions affecting Iran and Russia:
Iran. On May 8, 2018, President Donald Trump announced his decision to cease U.S. participation in the Joint...more
Information provides the cornerstone to the modern economy. Information flows across information technology networks similar to water naturally flowing down our mountains, into our streams and rivers, and out to the oceans....more
Recently, many revisions to U.S. sanction programs (both implemented and under consideration) have been the topic of much public discussion. Often, the legal status or these revisions may be difficult to determine....more
An owner of a US business that manufactures export-controlled items (“Export Business”) nears retirement. The owner decides to sell the Export Business. In a win for the owner, the sale of the Export Business interests both...more
Simulation software plays a vital role within industry by virtualising the natural trial and error of research and development, as well as reducing the expensive hands-on training time necessary to achieve mastery over...more
Implementation Day for the Iranian JCPOA -
January 16, 2016 marked Implementation Day for the Joint Comprehensive Plan of Action (JCPOA), as the US Secretary of State confirmed that the International Atomic Energy Agency...more
Do you think of yourself as a potential software exporter? If you're reading this article, chances are you purchased software online from Amazon or Apple, and by doing so you agreed not to export software. As a condition of...more
Foreign direct investment (FDI) into American businesses is a major component of the U.S. economy. American companies use FDI to fund domestic manufacturing plants, research and development facilities, and support the growth...more
The International Traffic in Arms Regulations, or ITAR, control the export of software classified as a “defense article.”
The United States Munitions List [USML] contains items regulated by the ITAR, including a range...more
Many private equity and investment funds are organized as limited partnerships or companies of offshore entities. Similarly, companies may structure mergers and acquisitions by utilizing offshore holding entities. The British...more
The Arms Export Control Act (AECA) requires the President of the United States to periodically review controls set for munitions on the United States Munitions List (USML). If the controls no longer remain warranted, the...more
The international nature of information technology has led to the globalization of software. Globalization can have unintended negative consequences on an organization, if a company’s software should find its way to a...more
"If you bring a laptop or smartphone outside of the United States, you need a basic understanding of how international export control laws may apply to your device’s encryption software."...more
The release of software may require an export control license from the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) under the Export Administration Regulations (the “EAR”). Software delivery has...more
Recently, Standard Chartered Bank (SCB) was in the news again for stripping original wire details so that payments would go undetected by the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC)....more