On October 13, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published an interim final rule that significantly expanded export controls designed to thwart China’s efforts to acquire...more
10/19/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Commodities ,
Compliance ,
Computer-Related Inventions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Interim Final Rules (IFR) ,
National Security ,
Semiconductors ,
Technology Sector ,
Trade Relations
The Commerce Department has adjusted its export control enforcement program. The Bureau of Industry and Security (“BIS”) announced the new administrative policies and gave notice to the industry and public. BIS is now...more
8/17/2022
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Compliance ,
Enforcement Actions ,
Enforcement Priorities ,
Export Controls ,
Exports ,
National Security ,
Regulatory Violations ,
Settlement Agreements ,
U.S. Commerce Department ,
ZTE
The Commerce Department’s Bureau of Industry and Security (“BIS”) has decided to join the enforcement club. BIS’s recent announcement of new policies to administrative actions should not be surprising. ...more
The D.C Circuit Court of Appeals sits in a unique position as the primary reviewing court for federal government agency actions. As a result, the D.C. Circuit sits in a high-profile position and several judges have...more
7/27/2022
/ Aiding and Abetting ,
Bureau of Industry and Security (BIS) ,
Civil Monetary Penalty ,
Common Carriers ,
Compliance ,
Enforcement Actions ,
Enforcement Authority ,
Export Administration Regulations (EAR) ,
Export Controls ,
FedEx ,
Foreign Policy ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Violations ,
Strict Liability ,
Ultra Vires
The Department of Treasury issued additional sanctions against Russia, targeting almost 100 entities and individuals, and prohibited import of Russian gold. The United States’ latest action reflected commitments recently...more
7/11/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Controls ,
Financial Transactions ,
FinCEN ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
Gold ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
U.S. Treasury ,
Ukraine ,
Vladimir Putin
The Department of Commerce’s Bureau of Industry and Security (“BIS”) charged Russian oligarch Roman Abramovich with violating U.S. export controls by exporting U.S.-origin aircraft to Russia. In a precedent setting action,...more
6/23/2022
/ Asset Seizure ,
Bureau of Industry and Security (BIS) ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Export Controls ,
Exports ,
Military Conflict ,
Russia ,
U.S. Commerce Department ,
Ukraine
As announced during his State of the Union, President Biden and U.S. Allies and partners, announced additional sanctions against Russia and Belarus. In recognition of the impact of the sanctions and export controls on the...more
3/3/2022
/ Airspace ,
Aviation Industry ,
Belarus ,
Belarus Sanctions ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
Oil & Gas ,
Russia ,
Ukraine ,
Vladimir Putin
The Biden Administration announced a robust set of trade sanctions and export controls against Russia in response to the Russian invasion of Ukraine. The Treasury Department’s Office of Foreign Asset Control (“OFAC”) and the...more
2/28/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine ,
Vladimir Putin
The United States Department of Commerce and Department of Treasury continue to ramp up sanctions against Chinese entities as part of the ongoing tension between China and the United States. ...more
1/7/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Economic Sanctions ,
Enforcement Actions ,
Entity List ,
Export Administration Regulations (EAR) ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Supply Chain ,
Trade Relations ,
U.S. Commerce Department ,
U.S. Treasury ,
US Trade Policies
On November 17, 2021, a bipartisan congressional commission—the U.S.-China Economic and Security Review Commission—released a series of recommendations that called upon the Congress itself to assume a more proactive role in...more
As diplomatic tensions between Washington and Beijing continue to escalate, U.S. owned businesses dependent on the sale and export of more sensitive advanced technologies to the People’s Republic of China (“PRC”) should take...more
My old adage – when it comes to enforcement initiatives, the government always tells you what they are going to do and then they do it. It is always baffles me when targets of enforcement actions complain that they did not...more
In a precedent-setting agreement, the Justice Department, OFAC and the Bureau of Industry and Security announced a settlement with SAP SE for more than $8 million for numerous violations of the Iran Sanctions program....more
5/3/2021
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Corporate Counsel ,
Corruption ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Iran ,
Iran Sanctions ,
National Security ,
Non-Prosecution Agreements ,
Office of Foreign Assets Control (OFAC) ,
Software
Recently, on April 9, 2021, the US Commerce Department’s Bureau of Industry and Security (BIS) adopted new restrictions targeting Burma by applying Export Administration Regulations’(EAR’s) military-intelligence end-use and...more
4/23/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Burma ,
Compliance ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
Military End Use
The Justice Department recently announced a settlement with Avnet Asia for illegal shipments of sensitive U.S. commodities to China and Iran. Under the settlement, DOJ agreed to a non-prosecution agreement (NPA) in exchange...more
2/23/2021
/ Anti-Money Laundering ,
Bureau of Industry and Security (BIS) ,
China ,
Commodities ,
Criminal Conspiracy ,
Economic Sanctions ,
Electronics ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Iran ,
Iran Sanctions ,
Non-Prosecution Agreements ,
Sanction Violations ,
Software
The Commerce Department’s Bureau of Industry Security (“BIS”) issued a final rule to restrict even further export licenses for National Security (“NS”) controlled items for China, Venezuela and Russia....more
11/2/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Licensing Rules ,
National Security ,
Russia ,
U.S. Commerce Department ,
Venezuela
In recognition of the impact that Covid-19 has had on global companies involved in export operations, the Commerce Department’s Bureau of Industry and Security announced a streamlined process for companies to request a...more
10/22/2020
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Export Controls ,
Exports ,
General Licenses ,
Hardship Extensions ,
Manufacturers ,
Relief Measures ,
Sales & Distribution Agreements ,
Shipping Cargo ,
Supply Chain ,
U.S. Commerce Department
Here is a real zinger – clients sometimes do not tell their lawyers the truth.
I will wait a minute while you get off the floor because I know everyone is shocked and amazed that this happens. But in the recent ZTE case,...more
3/14/2017
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Corruption ,
Criminal Investigations ,
Export Controls ,
Forensic Accounting ,
Iran Sanctions ,
Obstruction of Justice ,
Office of Foreign Assets Control (OFAC) ,
Settlement ,
White Collar Crimes ,
ZTE
Compliance officers have to avoid professional myopia. The focus of compliance these days has been on anti-corruption, antitrust, and AML, depending on your company’s industry. They fit nicely together under an...more
12/8/2016
/ Bureau of Industry and Security (BIS) ,
Chief Compliance Officers ,
Compliance ,
Corrective Actions ,
Export Controls ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Recordkeeping Requirements ,
Risk Assessment ,
Training ,
U.S. Commerce Department
With the rise of OFAC Sanctions enforcement and compliance issues, companies have to devote significant resources to following changes in OFAC Sanctions. Over the last few years, the US government has significantly altered...more
7/8/2016
/ Bureau of Industry and Security (BIS) ,
Burma ,
Compliance ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Economic Sanctions ,
Financial Institutions ,
Foreign Subsidiaries ,
General Licenses ,
Iran Sanctions ,
ITSR ,
Myanmar ,
Office of Foreign Assets Control (OFAC) ,
Parent Corporation ,
Physical Presence Test ,
Popular ,
SDN List