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OFAC Expands Russian Sanctions

On May 19, 2023, the Department of Treasury’s Office of Foreign Asset Control (OFAC) expanded U.S. economic sanctions against Russia through the issuance of: In addition, OFAC issued four general licenses related to these expansions. (Recent Actions, Department of Treasury, Russia-related Designations; Issuance of Amended Russia-related Directive 4, Russia-related General Licenses; Publication of Russia-related Determinations; … Continue Reading

DDTC revises USML Category XI

On April 27, 2023, the U.S. Department of State published an Interim final rule and request for comments to amend the International Traffic in Arms Regulations (ITAR) to “remove from U.S. Munitions List (USML) Category XI certain high-energy storage capacitors and to clearly identify the high-energy storage capacitors that remain in USML Category XI.”… Continue Reading

BIS Amends the EAR to Impose Additional Sanctions Against Russia and Belarus and to Impose Additional Export Controls on Iran

Sanction, toned photoOn Friday, February 24, 2023, the US Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register four new Final Rules amending the Export Administration Regulations (EAR) (15 CFR parts 730-774) to implement additional sanctions against Russia and Belarus, refine existing controls, implement export control measures on Iran, and add new entities to the … Continue Reading

EU Agrees to 10th Package of Sanctions Against Russia

On 25 February 2023, the EU Council adopted the tenth package of restrictive measures in response to Russia’s ongoing aggression against Ukraine. The new regulations include tighter restrictions on the export of dual-use goods, as well as measures against entities that support the conflict or deliver drones used by Russia. According to a statement by … Continue Reading

Trade Alert: New Antidumping (AD) and Countervailing Duty (CVD) Petitions on Certain Tin Mill Products from Canada, China, Germany, Netherlands, South Korea, Taiwan, Turkey and the United Kingdom

On January 18, 2023, Cleveland-Cliffs Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, filed a petition to impose (a) antidumping (AD) duties on imports of Certain Tin Mill Products from Canada, China, Germany, Netherlands, South Korea, Taiwan, Turkey and the United Kingdom; and, (b) countervailing … Continue Reading

BIS Amends EAR to Apply Recent Advanced Computer and Semiconductor Export Controls to Macau

On January 18, 2023, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published in the Federal Register an Interim Final Rule, 88 Fed. Reg. 2821, amending the Export Administration Regulations (EAR) (15 CFR Parts 730-774) by adding Macau to the recent controls implemented on certain advanced computing and semiconductor manufacturing items destined for … Continue Reading

BIS ISSUES FIRST FAQS FOR CHINESE SUPERCOMPUTERING AND SEMICONDUCTOR MANUFACTURING EXPORT CONTROLS

On Friday, October 28, 2022, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) issued its first Frequently Asked Questions (FAQs) regarding the Interim Final Rule, 87 Fed. Reg. 61286, entitled “Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification.” These FAQs cover … Continue Reading

BIS Implements New Chinese Supercomputer and Semiconductor Manufacturing Export Controls

On Thursday, October 13, 2022, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register an Interim Final Rule, 87 Fed. Reg. 62186, amending the Export Administration Regulations (EAR) (15 CFR parts 730-774) to impose new export controls on Chinese advanced computing integrated circuits (ICs), computer commodities containing such … Continue Reading

Executive Order on CFIUS Review Factors Provides Insights into Heightened CFIUS Risks Faced by Specific Activities

On September 15, 2022, President Biden signed an Executive Order 14083 (the “Order”), titled “Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States” (87 Fed. Reg. 57369). The Order does not expand the Committee on Foreign Investment in the United States’ (“CFIUS” or the “Committee”) authority … Continue Reading

BIS Updates Policy Regarding Enforcement of Antiboycott Rules 

On October 7, 2022, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published in the Federal Register (87 Fed. Reg. 60890) a final rule updating its guidance regarding BIS’s penalty determinations in the settlement of administrative enforcement cases involving violations of the antiboycott provisions of the Export Administration Regulations (EAR). The final rule … Continue Reading

BIS Issues New Export Controls on Russia and Belarus

On Friday, September 16, 2022, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule, 87 Fed Reg. 57068, amending the Export Administration Regulations (EAR) (15 CFR parts 730-774) to impose several new controls on exports, reexports, and transfers (in-country) of items to or within Russia … Continue Reading

Upcoming/New CFIUS Filing: Yuhan Optoelectronic Technology Co., Ltd. and Applied Optoelectronics, Inc.

Status:  Upcoming/New Filing Acquirer: Yuhan Optoelectronic Technology (Shanghai) Co., Ltd. (China) Acquired: Manufacturing facilities located in the People’s Republic of China and certain assets related to the transceiver business and multi-channel optical sub-assembly products of Applied Optoelectronics, Inc. (United States) Value: $150 million Industry Tags: Telecommunications; Electronics Design & Manufacturing… Continue Reading

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:… 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:… Continue Reading
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