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Bipartisan Push to Strengthen American Supply Chains

Members of Congress have demonstrated an early bipartisan interest in continuing to promote US supply chain resilience, highlighting an avenue for bipartisanship in the foreign policy agenda of the new Trump Administration. Sen. Marsha Blackburn (R-Tennessee) has partnered with Democratic colleagues on the reintroduction of two pieces of legislation focused on supply chain resilience. Check … Continue Reading

UPDATE: US DOL Order Directing Departments to Cease Enforcement of Affirmative Action Requirements of EO 11246

US government contractors should be aware that following President Trump’s January 21 Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” on January 24, acting U.S. Department of Labor (DOL) Secretary Vincent Micone issued an agency Order instructing DOL employees to cease and desist “all investigative and enforcement activity” under Executive Order 11246 (Equal Employment … Continue Reading

Navigating DoD’s CMMC Program Final Rule

On October 15, 2024, the U.S. Department of Defense (DoD) released its final rule to establish the Cybersecurity Maturity Model Certification (CMMC) Program (Final CMMC Program Rule). The CMMC Program allows the DoD to verify that defense prime contractors and subcontractors (defense contractors) have implemented security safeguards for Federal Contract Information (FCI) and Controlled Unclassified … Continue Reading

BIS Issues Rule on Implementation of Export Controls on Several Advanced Technologies

On September 5, 2024, the Bureau of Industry and Security (BIS) issued an Interim Final Rule (IFR) implementing export controls on several semiconductor, quantum and additive manufacturing items, as well as Gate-All-Around Field-Effect Transistor (GAAFET) technology. This long-awaited rule is largely aimed at preventing China and other foreign adversaries from advancing their artificial intelligence (AI) capabilities, … Continue Reading

DoD Advances CMMC: Key Takeaways from the Proposed August 2024 DFARS Rule

On August 15, 2024, the US Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) in order to implement the Cybersecurity Maturity Model Certification (CMMC) program. DoD is executing a phased rollout of CMMC, and the August 2024 proposed rule is the second proposed rule DoD has … Continue Reading

Decarbonizing the Global Shipping Industry: Is Hydrogen Fuel the Answer?

Decarbonization is coming to the global shipping industry. Accounting for nearly one- quarter of all carbon emissions from the world’s transportation sector and one billion tons of carbon dioxide annually, shipping stands at a critical juncture in its efforts to reduce carbon emissions and mitigate its environmental impact. Among the emerging alternatives to traditional fossil … Continue Reading

BIS Amends the EAR to Expand Sanctions Against Russia and Belarus and Over 300 New Sanctions Designations

On June 12, 2024, the US Department of Commerce Bureau of Industry and Security (BIS) imposed additional export control measures against Russia and Belarus by expanding the scope of items subject to the Export Administration Regulations (EAR) sectoral sanctions. The amendments to the EAR were issued in conjunction with the issuance of sanctions against over … Continue Reading

Commerce Issues First “Final Determination” Under ICTS Supply Chain Rules, Banning Kaspersky Software Products from U.S. Commerce

On June 20, 2024, the Department of Commerce’s Bureau of Industry and Security (“Commerce”) announced the issuance of the first Final Determination (“Determination”) under Executive Order 13873 – Securing the Information and Communications Technology and Services (“ICTS”) Supply Chain. The Determination, which was published in the Federal Register on June 24, 2024, imposes a prohibition … Continue Reading

New US Trade Action Against Disposable Aluminum Containers, Pans, and Trays from China

On May 16, 2024, U.S. producers filed antidumping (AD) and countervailing duty (CVD) petitions against imports of disposable aluminum containers, pans, and trays from China claimed to be (a) dumped – i.e., sold into the United States at less than fair/normal value prices and (b) government subsidized. The petition alleges dumping import duty margins of … Continue Reading

New CFIUS Rules to Enhance Enforcement and Investigation Activities

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS), a multi-agency committee administered by the U.S. Treasury Department, released a proposed rule (“Proposed Rule”) to amend the CFIUS regulations.[1]  The Proposed Rule seeks “to enhance the Committee’s identification and resolution of national security risks” by expanding the scope of information … Continue Reading

White House Issues Executive Order to Strengthen Cybersecurity at US Ports

On February 21, 2024, the White House issued an executive order implementing various measures to bolster the security of US ports by expanding the US Coast Guard’s authority to regulate maritime cybersecurity, requiring the reporting of cyber incidents and investing in the US port critical infrastructure. With the increasing use of connected systems in the … Continue Reading

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

Department of Defense Updates Section 1260H Chinese Military Companies List

On January 31, 2024, the Department of Defense (DOD) released an update to the Chinese Military Company (CMC) List in accordance with Section 1260H of the National Defense Authorization Act (NDAA) for Fiscal Year 2021. DOD added sixteen entities to the 1260H CMC List and removed three previously designated entities that no longer met “some … Continue Reading

U.S. Outbound Investment Restrictions and Notification Requirements Mandated by Executive Order: Currently Limited to Certain Investments in China Tech

On August 9, 2023, U.S. President Joe Biden signed an Executive Order (“EO”) titled “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concerns,” mandating the establishment of an outbound investment regulatory regime.  The EO mandates that the Treasury Department, in coordination with other agencies, issue regulations to establish a … 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 Issues Proposed Rule for Section 1758 Technology Export Controls on Instruments for the Automated Chemical Synthesis of Peptides

On April 20, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register (88 Fed. Reg 24341) a Proposed Rule to implement export controls on certain instruments for the automated synthesis of peptides, which have been identified by BIS as a Section 1758 emerging and foundational technology. Comments … 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

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

US Commerce Department Adopts Controls on Cyber Intrusion Item; Opportunity for Industry Comment

On October 21, 2021, the US Commerce Department’s Bureau of Industry and Security (BIS) published in the Federal Register an Interim Final Rule with request for comments, that amends the Export Administration Regulations (EAR) (15 CFR Parts 730- 774) regarding export controls on certain cyber intrusion items. Read the full client alert here.… Continue Reading

Biden New EO on Chinese Military Companies Creates New Substantive Test for Listing

On June 3, 2021, US President Joseph Biden issued Executive Order 14032, “Addressing the Threat From Securities Investments that Finance Certain Companies of the People’s Republic of China” (EO 14032), substantially amending the prohibitions originally contained in Executive Order 13959 (EO 13959), issued by President Trump on November 12, 2020 (amended January 13, 2021).… Continue Reading
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