US ITAR Export Control Workshop in the UK – September 2021

Draped United States flag next to British flagFor the past 13 years, EGADD and Squire Patton Boggs have jointly hosted a successful annual workshop series on US export controls regulations. In celebration of its 14th anniversary, this September’s workshop will take place immediately after DSEI 2021. This year’s event 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 from ITAR and EAR compliance.

We invite you to register your interest to be informed of additional details (see below for instructions). Please register by March 31, 2021.

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CFIUS Clearance: Citiking International US LLC and One Aviation Corporation

Status:  Clearance


Acquirer:             Citiking International US LLC (China)

Acquired:            One Aviation Corporation (US)

Value:                    US$198.8 million debt value

Industry:              Aerospace

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UK Launches Corruption Sanctions Regime with First Listings

UK FlagUPDATE:  Since our last post below, on April 26, the UK introduced its new global anti-corruption sanctions regime. This sanctions regime follows other EU and UK sanctions regimes and is based on two types of sanctions imposed on listed individuals, i.e., assets freeze and travel ban.

On the same day, the UK government also announced first listings under this sanctions regime of 22 individuals, including inter alia 14 Russian individuals who are believed to be involved in the fraudulent tax refund scheme uncovered by Sergei Magnitsky. The list of all new designations can be found in the UK government’s notice.

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Senator Cornyn Considers Expansion of ITC’s Authority under Section 337

In a recent blog post, Adam Hess and Rory Murphy discuss Senator John Cornyn’s (R-Texas) suggestion to the Senate Finance Committee of expanding the ITC’s jurisdiction under Section 337. Additionally, the post reviews three primary bills that seem to be part of the Senate’s effort to pass comprehensive legislation related to trade with China: The Strategic Competition Act, the Endless Frontier Act and a yet-to-be-named bill being drafted by the Senate Finance Committee. The full post can be found here.

Biden Administration Expands Russia Sanctions

SanctionsOn April 15, 2021, the US announced a marked expansion of sanctions against Russia and President Biden issued a new Executive Order authorizing the imposition of yet more sanctions. The sanctions include restrictions on certain transactions involving Russian sovereign debt, as well as the designation of 46 individuals and entities implicated in Russia’s annexation of Crimea, foreign election interference and the SolarWinds cyberattack. The new Executive Order provides broad authority to impose additional sanctions should the Biden Administration decide to do so. Continue Reading

Cross-post: Growing Tension Between the ITC and the PTAB

Digital GavelOne of the most common responses to being sued for patent infringement is a petition to the USPTO’s Patent Trial and Appeal Board (PTAB) challenging the validity of the patent. To avoid duplication of effort, either the Board or the tribunal can defer to the other. According to a recent decision, the U.S. International Trade Commission (ITC) will not defer to the PTAB in such situations. Continue Reading

Chinese Supercomputing Companies Make Way on US Commerce’s Entity List

Row of server cabinets with computer and digital displays full of data and numbers, arranged in circular rows in a data center room, illuminated by red light at night. View from an aisle, with dim illumination. Simulation of supercomputer and cloud computing storage room. Low angle view, camera close to the floor. Digitally generated image.The US Department of Commerce issued a final rule on April 8, 2021, adding seven Chinese technology companies to the Entity List. The seven companies are: Continue Reading

New EU Regulation for Export Controls of Dual Use Goods

European Union flags in front of the blurred European Parliament in Brussels, BelgiumOn 24 March 2021, the European Parliament officially accepted the new EU regulation on the Union regime for export controls of dual use goods.  The finally accepted version of new EU export control rules is the result of the year long negotiations between the European Parliament and the Council of the EU that has been concluded in November 2020, after the reform of EU export controls was initially proposed by the European Commission in September 2016.  The new EU dual use goods regime will introduce new controls over cyber-surveillance items as well as enhance cooperation between competent authorities of EU member states.  In summary, the new regulation primarily:

  • Introduces controls over cyber-surveillance technology that can be used in violation of human rights outside the EU;
  • Introduces two new EU general export authorizations covering
    • (i) exports of dual-use items, and
    • (ii) intra-group technology transfers;
  • Harmonizes rules on controls of technical assistance; and
  • Formalizes legal obligations to introduce the internal compliance programs for exporters applying or using global export licenses.

In order to enter into force, the new regulation should be formally accepted by the Council of the EU.  It is expected to happen in the coming weeks, so the new regime could enter into force in 2021 (the new regulation provides for 90 days of vacatio legis).


Please contact us with any questions.


 

Upcoming/New CFIUS Filing: CAE Inc. and Military Training Business of L3Harris Technologies, Inc.

Status:  Upcoming/New Filing


Acquirer:             CAE Inc. (Canada)

Acquired:            Military Training business of L3Harris Technologies, Inc. (US)

Value:                   $1.05 billion

Industry:             Defense services Continue Reading

CFIUS Filing: Clairvest Group and O&M Business of First Solar

Status:  Unknown


Acquirer:  Clairvest Group Inc. (Canada)

Acquired:  O&M business of First Solar, Inc. (US)

Value:  US$213 million

Industry:  Energy Continue Reading

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