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BIS Amends the EAR To Implement Additional Sanctions Against Russia and Belarus and To Revise Existing Export Controls on Russia, Belarus and Iran

On January 25, 2024, the US Department of Commerce Bureau of Industry and Security (BIS) published amendments to the Export Administration Regulations (EAR) expanding the sanctions against Russia and Belarus through new and revised licensing requirements. The amendments also refined existing export controls on Russia, Belarus and Iran to enhance the effectiveness of, and better … Continue Reading

Forced Labor Legal Developments in Europe: EU Council and Parliament Negotiate Final Text for Proposed Regulation

While many have focused in recent months on the US enforcement of the forced labor import ban (19 U.S.C. 1307) and the Uyghur Forced Labor Prevention Act (UFLPA) (Public Law No. 117-78), the EU is working on its own set of regulations prohibiting products made with forced labor from entering the EU market. A proposal … Continue Reading

US ITC to Investigate Global Rice Trade

In a February 5, 2024 letter to the US International Trade Commission (ITC), US House of Representatives Ways & Means Committee Chair Jason Smith (Republican-Missouri) requested that the ITC conduct a Section 332 investigation into the global rice market. The ITC will institute the investigation in the coming weeks, and it could be the first … Continue Reading

CFIUS Filing Pending: Czechoslovak Group a.s. and Sporting Products business of Vista Outdoor Inc.

Status:       Pending Acquirer:            Czechoslovak Group a.s. (Czech Republic) Acquired:            Sporting Products business of Vista Outdoor Inc. (U.S.) Value:                  $1.91 billion Industry Tags:    Firearms; Law Enforcement… Continue Reading

CFIUS Clearance: AGS Health LLC (U.S.); AGS Health Private Limited (India) and Mediscribes Solutions, Inc.

Status:        Clearance or No Action Acquirer:              AGS Health LLC (U.S.); AGS Health Private Limited (India) Acquired:             Mediscribes Solutions, Inc. (U.S.) Value:                   $56 million Industry Tags:    Software; Healthcare… 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


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

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