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Cybersecurity Compliance on U.S. Government Contracts and Subcontracts

The U.S. Department of Justice announced late last year that it would utilize the False Claims Act, the U.S. government’s primary civil tool to redress false claims for federal funds and property, to bring actions against U.S. government contractors and subcontractors who do not meet the cybersecurity requirements of a particular contract or grant.  DOJ … Continue Reading

BIS Proposes Designating Automated Peptide Synthesizers as a Section 1758 Technology 

On September 13, 2022, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published in the Federal Register (87 FR 55930) an Advance Notice of Proposed Rulemaking (ANPRM) and request for comments regarding certain instruments for the automated synthesis of peptides (automated peptide synthesizers). This proposed rule seeks to identify such automated peptide synthesizers … Continue Reading

Recent Regulatory Developments: Expanding Control Exemption for Standard-Setting to All on Entity List—Analysis 

Under an interim rule published in the Federal Register on Friday, September 9, 2022, the Commerce Department’s Bureau of Industry & Security (BIS) is loosening restrictions on the sharing of specific technology with blacklisted firms, to maintain the United States’ lead in setting international standards. Under that rule, no license will be required to export certain … Continue Reading

BIS Issues Rule on Export Controls for Semiconductor and Gas Turbine Technologies

On August 12, 2022, the US Department of Commerce’s Bureau of Industry and Security issued an interim final rule establishing new export controls on four technologies that support the production of advanced semiconductors and gas turbines. The agency has determined Gallium Oxide and diamond, Electronic Computer-Aided Design (ECAD) software specially designed for the development of … Continue Reading

A New Look at US Sanctions and Practical Guidelines for Compliance (Encore presentation on the West Coast) – September 29, 2022

Join us in person at the Embassy Suites Santa Clara – Silicon Valley on September 29 to hear from this select panel of high-level government and industry policy leaders who will explore emerging sanctions and embargoes compliance trends in 2022 and beyond to include: BIS/OFAC Panel on Advancing U.S. Foreign Policy and National Security through … Continue Reading

A New Look at US Sanctions and Practical Guidelines for Compliance – September 26, 2022

Join us in person at the Schar School of Policy and Government at the George Mason University Arlington Campus on September 26 to hear from this select panel of high-level government and industry policy leaders who will explore emerging sanctions and embargoes compliance trends in 2022 and beyond to include: BIS/OFAC Panel on Advancing U.S. … Continue Reading

BIS Proposes New US Export Controls on Marine Toxins

On May 23, 2022, the US Commerce Department’s Bureau of Industry and Security (BIS) published in the Federal Register a proposed rule and request for comments. This proposed rule seeks to amend the Export Administration Regulations (EAR) (15 CFR parts 730-774) by adding four dual-use biological toxins to Export Control Classification Number (ECCN) 1C351 on … Continue Reading

Now and Next Podcast Series: Russia/Ukraine Conflict

In our Now & Next podcast series, we spotlight the “Now” (the ongoing global responses to the conflict and crisis in Ukraine) and the “Next” (the immediate- and long-term rippling effects of those responses), as well as what businesses should do now and next to navigate the situation and mitigate their risk exposures. Matthew Kirk, … Continue Reading

Italian Government Updates Golden Powers Rules on National Security and Investment Controls

The Italian Golden Powers Rules have intricate and unique features and broad-reaching effects, which set them apart from other foreign investment control regimes in the EU. For example, a notification requirement may apply to EU as well as national buyers in certain instances and may apply to Italian companies operating in sectors deemed of strategic … Continue Reading

US Export Controls Workshops in the UK – June 27-29, 2022

For the past 14 years, we have jointly hosted a successful annual workshop series on US export controls regulations with EGADD. In celebration of its 15th anniversary, this June’s workshop will also be organized in close partnership with BAE Systems, a major, multinational company that has considerable practical experience in dealing with the challenges arising … Continue Reading

US Actions on Russia and Russia-related Sanctions

The US has responded to the conflict in Ukraine with the following sanctions measures (listed by date, beginning with most recent). With relevant developments, we will update this post on a weekly basis. The latest developments occurred on April 1 and April 6. Additional jurisdictions we are tracking include: EU, Japan, Republic of Korea and … Continue Reading

BIS Amends Export Administration Regulations with Respect to Russia and Belarus

On Tuesday, April 12, 2022, the US Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule amending the Export Administration Regulations (EAR) (15 CFR parts 730-774) to add four additional countries to the list of countries excluded from certain license requirements (Supp. No. 3 to part 746) … Continue Reading

Russia-related Sanctions and New US Export Controls – Implications for US Trade Contracts and Negotiations

Our Trade Practitioners recently provided an overview on Russia-related sanctions and newly imposed export controls by the US, and shared insights on how to manage US trade contracts and negotiations via two webinars. Please visit our Learning Center for the webinar recordings and presentation slides.… Continue Reading

The ITC Continues to be a Favorable Venue for Patent Owners

Powerful remedies, particularly General Exclusion Orders, are often cited as a reason why patent owners should consider asserting their patents at the U.S. International Trade Commission. Our colleagues, Adam Hess and Alex Wolcott, explain another reason – the potential for significant civil penalties (i.e., fines) assessed against an infringer who violates an ITC Consent Order. … Continue Reading

The US Imposes New Export Controls on Russia and Regions of Ukraine; UK and EU Assessing Measures

On February 25, 2022, the Department of Commerce Bureau of Industry and Security (“BIS”) unveiled extensive new export control regulations on Russia and Russian-aligned regions of Ukraine as part of the Biden Administration’s economic sanctions package in response to the Russia-Ukraine conflict. This alert is the second installment of the Biden Administration’s response to the … Continue Reading
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