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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

BIS Implements Burmese Sanctions

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

BIS Amends the EAR to Implement 2019 Wassenaar Plenary Agreements

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

Department of Commerce Takes Action Against Avnet Asia for Involvement in Illegally Transshipping Sensitive U.S. Commodities to China and Iran

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