The U.S. Bureau of Industry and Security (BIS) on Dec. 2, 2024, issued a Final Rule, "Additions and Modifications to the Entity List; Removals From the Validated End-User (VEU) Program" (Final Rule), and an Interim Final Rule...more
12/18/2024
/ Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Compliance Dates ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Interim Final Rules (IFR) ,
Technology Sector
The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) has finalized significant changes to the registration fees under International Traffic in Arms Regulations (ITAR). The Arms Export Control Act...more
12/12/2024
/ Arms Export Control Act ,
Comment Period ,
Directorate of Defense Trade Controls (DDTC) ,
Export Controls ,
Filing Fees ,
Final Rules ,
ITAR ,
Licenses ,
Registration Requirement ,
Rulemaking Process ,
Statutory Authority ,
US State Departments
President-Elect Donald Trump on Nov. 25, 2024, announced his intention to impose additional 10 percent tariffs on China, as well as additional 25 percent tariffs on Mexico and Canada. He has not yet indicated which authority...more
12/5/2024
/ Canada ,
China ,
Executive Orders ,
Exports ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Mexico ,
Retaliatory Tariffs ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
Trade Retaliation ,
Trade Wars ,
Trump Administration ,
Undocumented Immigrants ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) and U.S. Department of Commerce's Bureau of Industry and Security (BIS) on Oct. 23, 2024, published a set of three rules concerning space-related...more
12/2/2024
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Defense Sector ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
National Security ,
Outer Space ,
Rulemaking Process ,
Time Extensions ,
U.S. Commerce Department ,
US State Departments
Vice President Kamala Harris on Dec. 20, 2023, convened the National Space Council to discuss U.S. leadership in space. The U.S. Department of State and U.S. Department of Commerce were subsequently tasked to "review relevant...more
11/5/2024
/ Aerospace ,
Bureau of Industry and Security (BIS) ,
Directorate of Defense Trade Controls (DDTC) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Interim Final Rules (IFR) ,
ITAR ,
Licensing Rules ,
Proposed Rules ,
U.S. Commerce Department ,
USML
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a Notice of Proposed Rulemaking (Proposed Rule) on Sept. 26, 2024, to address certain undue or unacceptable risks identified in Executive Order...more
10/8/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Comment Period ,
Compliance ,
Connected Cars ,
Executive Orders ,
Hardware ,
Imports ,
Manufacturers ,
National Security ,
NPRM ,
Prohibited Transactions ,
Proposed Rules ,
Russia ,
Self-Reporting ,
Software ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
The Committee on Foreign Investment in the United States (CFIUS or Committee) on Aug. 14, 2024, announced its largest-ever enforcement action and launched a new section of its website dedicated to enforcement. In addition to...more
Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other...more
9/19/2024
/ Anti-Dumping Duty ,
Biden Administration ,
CAFTA-DR ,
Certification Requirements ,
Consumer Product Safety Commission (CPSC) ,
Countervailing Duties ,
Customs and Border Protection ,
De Minimus Doctrine ,
E-Commerce ,
Enforcement Actions ,
Forced Labor ,
Free Trade Agreements ,
Health and Safety ,
Importers ,
Imports ,
Legislative Agendas ,
NPRM ,
Popular ,
Section 201 ,
Section 232 ,
Section 301 ,
Shipping Cargo ,
Textiles ,
Unfair Competition ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
The U.S. Department of Commerce and U.S. Department of State have been continuously easing restrictions on export-controlled trade between the United States, United Kingdom and Australia to foster technological innovation...more
8/29/2024
/ Amended Rules ,
Artificial Intelligence ,
Australia ,
CFIUS ,
Comment Period ,
Cybersecurity ,
Defense Sector ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Innovative Technology ,
Interim Final Rules (IFR) ,
ITAR ,
Military Goods ,
National Security ,
Proposed Rules ,
U.S. Commerce Department ,
UK ,
US State Departments
The U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS) within the Bureau of Industry and Security (BIS) issued a Final Determination on June 20, 2024, pursuant to Executive...more
7/1/2024
/ Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Executive Orders ,
Export Controls ,
Exports ,
Final Determinations ,
Foreign Adversaries ,
Foreign Corporations ,
Information Technology ,
International Emergency Economic Powers Act (IEEPA) ,
Kaspersky ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Software ,
Software Developers ,
Subsidiaries ,
U.S. Commerce Department
The U.S. Department of the Treasury's Office of Investment Security on June 21, 2024, issued a Notice of Proposed Rulemaking (Proposed Rule) implementing Executive Order (E.O.) 14105 that was announced on Aug. 9, 2023,...more
6/27/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
China ,
Comment Period ,
Executive Orders ,
Hong Kong ,
Macau ,
National Security ,
NPRM ,
Outbound Transactions ,
Technology Sector ,
U.S. Treasury
Almost six years after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS),...more
5/13/2024
/ CFIUS ,
Covered Transactions ,
FIRRMA ,
Foreign Investment ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Penalties ,
Proposed Amendments ,
Proposed Rules ,
Request For Information ,
U.S. Treasury
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), U.S. Department of Commerce's Bureau of Industry and Security (BIS) and U.S. Department of Justice (DOJ) on March 6, 2024, issued a Tri-Seal...more
3/15/2024
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Extraterritoriality Rules ,
FinCEN ,
Joint Policy Statements ,
Office of Foreign Assets Control (OFAC) ,
Self-Disclosure Requirements
The Biden Administration issued the long-anticipated Executive Order (E.O.) on Aug. 9, 2023, requiring notification of, and in some cases prohibiting, U.S. investments in companies engaged in the semiconductors and...more
8/14/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
China ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Notice Requirements ,
Outbound Transactions ,
Prohibited Transactions ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) took a number of actions under the Export Administration Regulations (EAR) on May 19, 2023. Here are some of the key U.S. export control actions...more
5/25/2023
/ Belarus ,
Belarus Sanctions ,
Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
FinCEN ,
Globally Harmonized System ,
Iran ,
Military End Use ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Tariffs ,
Ukraine
The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more
5/18/2023
/ CFIUS ,
Covered Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Government Property ,
National Guard ,
National Security ,
Proposed Rules ,
Real Estate Investments ,
US Air Force
Facility security clearance (FCL) sponsorship packages for U.S. government contractors currently have a rejection rate of more than 50 percent. For initial and upgrade FCL packages, there is a 70 percent rejection rate. These...more
The Biden Administration continues to place pressure on Russia, and on Feb. 24, 2023, marked the one-year anniversary of Russia's invasion of Ukraine with additional sanctions, export controls and tariffs. These new policies...more
3/6/2023
/ Biden Administration ,
Blocked Person ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
SDN List ,
Tariffs ,
Ukraine
In the past year, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce's Bureau of Industry and Security (BIS) and the U.S. Department of State's Directorate of...more
3/1/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Corporate Counsel ,
Directorate of Defense Trade Controls (DDTC) ,
Due Diligence ,
Economic Sanctions ,
Enforcement ,
Enforcement Actions ,
Enforcement Authority ,
Enforcement Statistics ,
Export Controls ,
Exports ,
International Trade ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
Following enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the Committee on Foreign Investment in the United States (CFIUS) updated its regulations to include three significant changes:...more
Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more
1/25/2023
/ Acquisitions ,
Agricultural Land ,
CFIUS ,
China ,
Covered Transactions ,
Defense Production Act ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Popular ,
Real Estate Investments
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) is increasing each civil monetary penalty within its jurisdiction for 2023 by 7.7 percent. The increases came into effect on Jan. 13, 2023.1 Note...more
In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more
1/6/2023
/ Australia ,
Batteries ,
Biden Administration ,
Canada ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Defense Sector ,
Electric Vehicles ,
Electricity ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Lithium Batteries ,
Mineral Extraction ,
Mineral Rights ,
Minerals ,
Mining ,
National Security ,
Popular ,
Rare Earth Metals ,
Semiconductors ,
Supply Chain ,
Wind Power
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
...more
President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more
12/27/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Department of Defense (DOD) ,
Due Diligence ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Iran ,
National Security ,
NDAA ,
North Korea ,
Popular ,
Prime Contractor ,
Russia ,
Safe Harbors ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
Waivers