The U.S. Department of Commerce's Bureau of Industry and Security (BIS) just issued a significant rule change that reshapes the landscape of export control enforcement.
Published on September 16, 2024, the rule amends the...more
The U.S. Department of State Directorate of Defense Trade Controls is the regulatory organization charged with administering the body of export laws known as the International Traffic in Arms Regulations (ITAR)...more
Many companies, particularly Software-as-a-Service (“SaaS”) and start-up companies, continue to struggle with the concept of export control classification of items with encryption functionality. This ongoing confusion is...more
The U.S. agencies most well-known for their enforcement of U.S. trade and national security laws are the Bureau of Industry and Security (“BIS”), the Directorate of Defense Trade Controls (“DDTC”), the Office of Foreign...more
On February 7, the U.S. Department of Justice (DOJ) announced that settlements and judgements under the False Claims Act (FCA) exceeded $2 billion for the 2022 fiscal year. The 2022 fiscal year also had the second-highest...more
2/1/2024
/ Antitrust Violations ,
Compliance ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Exploitation ,
Export Administration Regulations (EAR) ,
Exports ,
False Claims Act (FCA) ,
Fraud ,
Imports ,
Investigations ,
ITAR ,
National Security ,
Sanctions ,
Settlement ,
Tariffs ,
Trade Relations ,
White Collar Crimes
On October 17, 2023, the U.S. Department of Commerce Bureau of Industry & Security (“BIS”) released three rules amending the Export Administration Regulations (“EAR”) to strengthen export controls on advanced computing...more
11/1/2023
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Licensing Rules ,
Manufacturers ,
Semiconductors ,
Technology Sector
The discovery of actual or potential International Traffic in Arms Regulations (“ITAR”) violations presents the question of whether to disclose the conduct to the Department of State Directorate of Defense Trade Controls...more
In the United States export control laws and regulations require companies to receive export licenses prior to releasing any controlled items or technologies to non-U.S. persons. The process of determining what is controlled...more
8/2/2023
/ Anti-Discrimination Policies ,
Bureau of Industry and Security (BIS) ,
Citizenship ,
Civil Rights Act ,
Compliance ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Employees ,
Employer Liability Issues ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
ITAR ,
Title VII ,
U.S. Commerce Department
On February 7, 2023, the U.S. Department of Justice (“DOJ”) announced that settlements and judgements under the False Claims Act (“FCA”) exceeded $2 billion for the 2022 fiscal year. The 2022 fiscal year also had the...more
On October 7, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced a major new rule that restricts the ability of the People’s Republic of China (“PRC” or “China”) to obtain advanced...more
In the second of a two-part series on the BIS Office of Export Enforcement, host Olga Torres sits down with former BIS Special Agents Don Pearce and Jim Fuller to discuss what to do when government enforcement agencies come...more
The first of a two-part series, host Olga Torres sits down with Jim Fuller, former special agent, with the Office of Export Enforcement (“OEE”) within the Bureau of Industry and Security, and Don Pearce, former special agent...more
In this episode, host Olga Torres is joined by David Laufman, former Chief of the Counterintelligence and Export Controls Section, “CES,” at the Department of Justice to discuss high-profile sanctions and export enforcement...more
Civil and criminal penalties levied against U.S. companies for trade violations are just the beginning of the potential unforeseen costs of doing business in the global marketplace. What cannot be quantified are the countless...more
1/26/2022
/ Bureau of Industry and Security (BIS) ,
Corruption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Foreign Relations ,
Imports ,
ITAR ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Securities and Exchange Commission (SEC) ,
Trade Relations ,
US Trade Policies ,
White Collar Crimes