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
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
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
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
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
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 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
On January 5, 2023, the Directorate of Defense Trade Controls (DDTC), which administers the International Traffic in Arms Regulations (ITAR), announced updated guidance and FAQs for US persons abroad (USPAB) authorization requests. DDTC also released a submission letter template and sample § 121.13 certification letter to accompany such requests.… Continue Reading
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
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
In light of the current conflict and crisis in Ukraine, we are tracking the evolving sanctions imposed by several governments on Russia and Russia-aligned regions and certain individuals. The jurisdictions in focus are: EU, Japan, Republic of Korea, UK and US. Latest Developments:… Continue Reading
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
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
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
On February 10, 2021, President Biden signed Executive Order (EO) 14014, “Blocking Property With Respect to the Situation in Burma,” which authorized the imposition of sanctions. In the EO, the President declared a national emergency to address the threat following a February 1, 2021 military coup in Burma, whereby the military overthrew the democratically-elected government and … Continue Reading
On March 29, 2021, the US Department of Commerce, Bureau of Industry and Security (BIS) published a Final Rule in the Federal Register amending the Export Administration Regulations (EAR) to reflect the remaining approved 2019 changes to the dual-use controls adopted during the 2019 Wassenaar Arrangement Plenary Meetings. … Continue Reading
On March 18, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Notification of Implementation pursuant to sanctions imposed by the Secretary of State under Section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act). … Continue Reading
On February 2, 2021, Department of Commerce’s Bureau of Industry and Security (BIS) announced an administrative settlement of $54,000 with Princeton University.… Continue Reading
On January 29, 2021, Department of Commerce’s Bureau of Industry and Security (BIS) announced an Administrative Settlement of $3.2 million (partially suspended) with Singapore-based Avnet Asia Pte. Ltd. (Avnet Asia), a global distributor of electronic components and related software.… Continue Reading
Department of Commerce’s Bureau of Industry and Security (BIS) announced on January 14, 2021, that it had implemented the Secretary of State’s rescission of Sudan as a State Sponsor of Terrorism (SSOT) by amending the Export Administration Regulations (EAR).… Continue Reading
PT Bukit Muria Jaya (“BMJ”), a global supplier of cigarettes, has agreed to pay a fine of more than $1.5 million and to enter into a deferred prosecution agreement with the Department of Justice (DOJ) for conspiracy to commit bank fraud in connection with the shipment of products to North Korean customers.… Continue Reading
What are the implications? What practical steps should US government contractors take? Our multidisciplinary team provides an overview of President Trump’s Executive Order 13950, Combating Race and Sex Stereotyping, its labor law implications, potential for litigation, and practical guidance for federal contractors. Continue reading here.… Continue Reading
On April 28, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule amending the Export Administration Regulations (EAR) (15 CFR, subchapter C, parts 730-774) by removing License Exception Civil End Users (CIV) (§ 740.5), which authorized the unlicensed export, reexport, and transfer (in-country) of … Continue Reading
On April 28, 2020, the US Department of Commerce’s 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. This new rule critically expands the licensing requirements for exports, reexports and transfers (in-country) of items subject to the EAR in three … Continue Reading