The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule that significantly expands export controls on advanced computing materials and semiconductors. These controls are...more
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. Chip Producer ‘Is Informed’ of New License Requirement via BIS Letter According to a Securities and Exchange Commission filing by NVIDIA, the largest producer of graphics processing units (GPUs), Commerce’s Bureau of...more
9/9/2022
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Department of Defense (DOD) ,
DFARS ,
FedEx ,
Global Market ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Uyghur Forced Labor Prevention Act (UFLPA)
1. FinCEN and BIS Target Financial Institutions for Export Compliance-
On June 28, the Financial Crimes Enforcement Network (FinCEN) and the Bureau of Industry and Security (BIS) issued their first joint alert urging...more
8/9/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Crypto Exchanges ,
Economic Sanctions ,
Exports ,
FinCEN ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Ransomware ,
Russia ,
Ukraine ,
USTR
On June 13, legislators released a new proposed version of the National Critical Capabilities Defense Act, which would establish an outbound investment review mechanism to protect U.S. technologies against adversaries like...more
7/13/2022
/ CFIUS ,
Chief Compliance Officers ,
China ,
Court of International Trade ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Emerging Technologies ,
Export Controls ,
International Trade ,
National Intelligence Agencies ,
Russia ,
U.S. Commerce Department ,
UK ,
USTR
1. BIS Announces Plans To End Categorizing Emerging and Foundational Tech-
On May 22, BIS announced in a proposed rule that it will end the effort to characterize specific technology as emerging or foundational for...more
6/14/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Cuba ,
Disclosure Requirements ,
EU ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Patent Protection Act ,
Russia ,
Securities and Exchange Commission (SEC) ,
UK
In late December 2021, President Joe Biden signed the Uyghur Forced Labor Prevention Act (UFLPA). The new law creates a rebuttable presumption that any goods created in whole or in part in the Xinjiang Uyghur Autonomous...more
5/11/2022
/ Belarus ,
Bitcoin Mining ,
China ,
Cryptocurrency ,
Customs and Border Protection ,
Cyber Attacks ,
False Statements ,
FBI ,
Federal Trade Commission (FTC) ,
Forced Labor ,
Joe Biden ,
Made in the USA ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Section 301 ,
Tariffs ,
Trade Relations ,
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. Treasury Mandates Reporting of Foreign Securities Holdings of $200M or More-
All U.S. persons (custodians and end investors) who manage $200 million or more in foreign securities for themselves or others must file a...more
2/2/2022
/ Anti-Money Laundering ,
Biotechnology ,
Bureau of Industry and Security (BIS) ,
Burma ,
CFIUS ,
Cybersecurity ,
Export Controls ,
Forced Labor ,
Foreign Securities ,
Hong Kong ,
Office of Foreign Assets Control (OFAC) ,
Policies and Procedures ,
Popular ,
Reporting Requirements ,
Russia ,
Sanctions ,
SDN List ,
Supply Chain ,
U.S. Treasury ,
Ukraine
1. New Import Ban on All Products From China’s Xinjiang Region-
In late December 2021, President Biden signed the Uyghur Forced Labor Prevention Act into law. The new legislation creates a rebuttable presumption that any...more
1/5/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Anti-Corruption ,
Arms Embargo ,
China ,
Customs and Border Protection ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
ECCNs ,
Economic Sanctions ,
Export Controls ,
Forced Labor ,
Human Rights ,
Imports ,
ITAR ,
Joe Biden ,
NIST ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sovereign Debt ,
U.S. Commerce Department ,
U.S. Treasury
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
1. New Cybersecurity Export Controls From BIS Go Into Effect in January -
The Bureau of Industry and Security (BIS) has released an interim final rule establishing new export controls on certain cybersecurity items and...more
11/3/2021
/ Anti-Dumping Duty ,
Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Espionage ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Financial Crimes ,
FinCEN ,
National Security ,
NCSC ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Russia ,
Sanctions ,
Section 301 ,
Supply Chain ,
Technology ,
U.S. Commerce Department ,
U.S. Treasury ,
US Trade Policies ,
USTR ,
Virtual Currency
1. Expanded Export Controls on Certain Biological Equipment Software Are Coming-
As part of the Bureau of Industry and Security’s emerging and foundational technology control effort, new export controls are forthcoming...more
10/5/2021
/ Artificial Intelligence ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
CBSA ,
China ,
Ethiopia ,
Export Controls ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Sanction Violations ,
Sanctions ,
Software ,
U.S. Commerce Department
1. Electronics Company Hit With $6.6 Million Penalty for Unauthorized Software Exports-
Keysight Technologies Inc., a California electronics company, has settled with the Department of State, agreeing to pay a $6.6...more
9/9/2021
/ Arms Export Control Act ,
Belarus ,
China ,
Data Security ,
Directorate of Defense Trade Controls (DDTC) ,
Labeling ,
Made in the USA ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
SDN List ,
United States-Mexico-Canada Agreement (USMCA) ,
US Department of State
1. Biden Administration Trade Posture-
The Biden administration is slowly and steadily reviewing the decisions of the Trump administration. So far, the administration has struck a deal with the EU to end the 17-year-old...more
8/9/2021
/ Airbus ,
Biden Administration ,
Boeing ,
CFIUS ,
China ,
Department of Homeland Security (DHS) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Foreign Policy ,
Interagency Guidance ,
National Security ,
OECD ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
Section 301 ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
Unfair or Deceptive Trade Practices ,
WTO
1. Chinese Trade Tensions Ramp Up-
On June 3, President Joe Biden signed Executive Order 14032, replacing and superseding previous EOs that banned U.S. persons from purchasing and selling public securities of Chinese...more
7/8/2021
/ Anti-Corruption ,
China ,
Customs and Border Protection ,
Department of Defense (DOD) ,
Entrepreneurs ,
Executive Orders ,
Forced Labor ,
Imports ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
U.S. Commerce Department ,
U.S. Treasury ,
Withhold Release Orders (WROs)
1. Recent Enforcement: Even Companies That Invest in Compliance Pay Penalties-
Since our April enforcement roundup, the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) in the Department...more
6/3/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Justice (DOJ) ,
ENERGY STAR Program ,
Enforcement Actions ,
Executive Orders ,
Export Controls ,
Exports ,
Geo-Blocking ,
Honeywell International ,
ITAR ,
Moneygram ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
SDN List ,
Software ,
U.S. Commerce Department ,
U.S. Treasury
1. BIS Eliminates Reporting Requirements for Certain Encryption Items Effective March 29, 2021, BIS eliminated or reduced reporting requirements for certain encryption items.
For encryption source code and beta test...more
5/27/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Encryption ,
Executive Orders ,
Financial Institutions ,
Foreign Direct Investment ,
Huawei ,
Joe Biden ,
Pharmaceutical Industry ,
Proposed Legislation ,
Reporting Requirements ,
Russia ,
Sanctions ,
Section 301 ,
Software ,
Supply Chain ,
Surveillance ,
Tariffs ,
Technology Sector ,
USTR ,
ZTE
1. Recent Enforcement Actions Outline the Need for Compliance Measures-
Over the past few months, the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) in the Department of Commerce have...more
4/1/2021
/ Bureau of Economic Analysis ,
Bureau of Industry and Security (BIS) ,
Civil Liability ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Qui Tam ,
Russia ,
Sanctions ,
U.S. Commerce Department ,
US State Departments
Welcome to the inaugural edition of Lowenstein Sandler’s Trade Matters. Each month, we will cover important developments related to international trade law and compliance. We look forward to a continuing dialogue with our...more
3/1/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Court of International Trade ,
Entity List ,
EU ,
Executive Orders ,
Extraterritoriality Rules ,
Forced Labor ,
Imports ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Supply Chain ,
Tariffs ,
UK