On July 28, 2025, the National Security Division of the U.S. Department of Justice (DOJ) and the U.S. Department of Commerce, Bureau of Industry and Security (BIS), announced parallel criminal and civil-administrative export...more
With federal elections and the conclusion of the 118th Congress drawing near, “China Week,” as dubbed by House leadership, presented one of the final opportunities for the US House of Representatives to act on a variety of...more
Against the backdrop of increasing international competition in the artificial intelligence (AI) space, the Enhancing National Frameworks for Overseas Critical Exports Act (the ENFORCE Act) was recently introduced in the U.S....more
Overseas Critical Exports (ENFORCE) Act—a bill to expand the authority of the Bureau of Industry and Security (BIS) to control the export of artificial intelligence (AI) systems and other emerging technology with national...more
For the second year running, and in what may prove to be a regular process, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has significantly expanded export controls on specific semiconductor and...more
United States international trade regulatory agencies have updated voluntary self-disclosure (“VSD”) policies and guidance in an effort to incentivize private sector companies and individuals to self-report violations of U.S....more
Key Points - The Export Control Reform Act of 2018 has been amended to give BIS the authority to regulate services and other activities of U.S. persons, wherever located, when in support of foreign “military, security, or...more
On October 28, 2022, on the eve of the mid-term elections, a bill was introduced in the House that, unless you are an export control/compliance nerd, most would not have given it any thought. This bill, H.R. 9241, called the...more
Based on consistent comments by the US Congress, think tanks, and the US-China Economic and Security Review Commission, several members of Congress proposed legislation to shift jurisdiction for export controls from Commerce...more
The United States government is increasingly scrutinizing U.S. industry’s reliance on China for biotechnology research and development and manufacturing, and is taking steps to expand export control requirements on China that...more
The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more
A bipartisan group of U.S. senators introduced legislation on June 23, 2022, to provide the federal government authority to limit or prevent the sale of Americans’ personal data to “high-risk” countries and malign foreign...more
Five US senators recently introduced legislation that would amend US export control laws to protect sensitive personal data. The bipartisan bill, titled the Protecting Americans’ Data from Foreign Surveillance Act of 2022,...more
On November 30, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a notice of inquiry and request for comments on how U.S. and European Union dual-use export controls and practices may be...more
Most deals are approved, but new rules covering more types of transactions and requiring mandatory filings in certain cases have changed the landscape - The Committee on Foreign Investment in the United States (CFIUS),...more
On Thursday, October 15, 2020, the White House released a national strategy to ensure that the United States remains a global leader in developing critical and emerging technologies (C&ET). The document lays out high-level...more
On October 5, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a rule implementing certain changes in the Export Administration Regulations (EAR) that were agreed upon in December 2019...more
The Committee on Foreign Investment in the United States (CFIUS or the Committee), an inter-agency government body tasked with reviewing certain types of foreign direct investment in the United States for national security...more
The Justice Department is often criticized for its lack of transparency. But when it comes to policy changes or initiatives, DOJ is more than transparent – DOJ always tells the public what it plans to do and then does it....more
On January 6, 2020 the Bureau of Industry and Security (“BIS”) within the Commerce Department adopted export licensing requirements on certain artificial intelligence software used to automate the analysis of geospatial...more
Through the Export Control Reform Act of 2018 (ECRA), which was enacted in August 2018, Congress directed the U.S. Department of Commerce to conduct an interagency review process to identify “emerging and foundational...more
Key Points - On January 6, 2020, BIS published an interim final rule to add a new worldwide (minus Canada) unilateral export control on a type of geospatial imagery software specially designed for training Deep...more
This software now requires a BIS authorization to be exported or reexported to all countries except for Canada. Companies that develop or use artificial intelligence (AI) to solve geospatial problems or in geospatial...more
On December 13, 2019, the National Security Division (NSD) of the U.S. Department of Justice (DOJ) issued a revised policy regarding voluntary disclosure of export control and sanctions violations by business organizations...more
On December 3, 2019, the U.S. Department Justice (DOJ) announced charges against two Russian nationals, two Italian nationals, a U.S. citizen, and various companies for violating and conspiring to violate the International...more