On May 21, 2019 the US Commerce Department, Bureau of Industry and Security (BIS) is expected to publish in the Federal Register a Final Rule designating Huawei Technologies Co., Ltd. (Huawei) and 68 affiliated Huawei entities located in 26 countries (collectively, the “Huawei Listed Companies”) to the Entity List. … Continue Reading
On December 14, 2018, the Bureau of Industry and Security (BIS) announced that Eric Baird, former Chief Executive Officer for a Florida based package consolidation and shipping service, pleaded guilty to a single count of felony smuggling and 166 violations of US export control laws. On December 12, 2018, BIS imposed civil penalties of US$17 million and a five-year denial … Continue Reading
The US Department of Commerce, Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) to reflect the 2017 changes to the dual-use controls adopted during the 2017 Wassenaar Arrangement Plenary Meetings. As set forth in the October 24, 2018 announcement in the Federal Register, the amendments revise 50 Export Control Classification Numbers (ECCNs) throughout the Commerce Control … Continue Reading
On August 30, 2018, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule titled, “Revisions to the Export Administration Regulations Based on the 2017 Missile Technology Control Regime Plenary Agreements.” This new final rule amending the EAR reflects changes to the Missile Technology Control Regime (MTCR) Annex pursuant to the October 2017 agreement by the … Continue Reading
Effective 15 April 2018 until 23 March 2025, the US Department of Commerce Bureau of Industry and Security (BIS) imposed a denial order of export privileges against Zhongxing Telecommunications Equipment Corporation of Shenzhen, China (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (ZTE Kangxun) (collectively, ZTE). Additionally, both entities were added to the BIS Denied Persons List, … Continue Reading
BIS published a final rule, effective 20 December 2017, which amended the Export Administration Regulations (EAR) by adding two Russian companies to the Entity List under the destination of Russia on the basis of § 744.11 of the EAR. The added entities are the Joint Stock Company Experimental Design Bureau Novator and the Joint Stock … Continue Reading
BIS has published a final rule, effective 1 November 2017, which clarifies two licence exceptions in the Export Administration Regulations (EAR). They are the licence exception for governments, international organisations, international inspections, and the International Space Station (GOV) and for Strategic Trade Authorization (STA). The rule does not change any EAR requirements for the use … Continue Reading
OFAC and US Department of Commerce’s Bureau of Industry and Security (BIS) have each issued new regulations implementing President Trump’s June 2017 National Security Presidential Memorandum on Cuba (the “Cuba NSPM”). On 9 November, OFAC published amendments to the Cuban Assets Control Regulations (31 C.F.R. Part 515) in the Federal Register. The amendments implement the … Continue Reading
In June 2017, the Office of Foreign Assets Control (OFAC) and the US Commerce Department’s Bureau of Industry and Security (BIS) imposed coordinated sanctions against two entities from the Crimea Region of Ukraine and eight entities from Russia. OFAC added each entity to the OFAC List of Specially Designated Nationals (SDN List) and Block Persons under the executive orders implemented … Continue Reading
The US Commerce Department’s Bureau of Industry and Security (BIS) has posted long-awaited updates to parts of its website dedicated to guidance on the Export Administration Regulations’ (EAR) encryption controls. The updates implement changes to encryption controls adopted in September 2016, under the Wassenaar Arrangement. Among other things, the new web pages include updated flow … Continue Reading
Effective 18 April 2017, the US Commerce Department, Bureau of Industry and Security (BIS) has revised the Entity List entry for Russia’s Federal Security Service (Federalnaya Sluzhba Bezopasnosti or FSB) to conform to the OFAC general license adopted on 2 February 2017, General License No. 1. That general license authorises transactions otherwise prohibited under Executive … Continue Reading
The US Department of State’s Bureau of Industry and Security (BIS) has removed from the Entity List China’s telecommunications equipment firms Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd., known collectively as ZTE. The action follows the agency’s recently announced, record-breaking settlement for US export controls violations, according to which those entities agreed to … Continue Reading
On 7 March, the Bureau of Industry and Security (BIS) announced the arrest of a Ukrainian national on charges related to the export of military technology to Ukraine. Separately, on 24 March, the BIS announced a US$27 million civil settlement with Access USA Shipping, LLC, a company based in Sarasota, Florida, for alleged export controls violations … Continue Reading
Effective 19 April 2017, a new rule issued by the Department of Commerce, Bureau of Industry and Security (BIS) will require exporters or re-exporters of certain items subject to the Export Administration Regulations (EAR) to obtain and maintain proof of import or export authorization issued by the government of Hong Kong. Under the rule, persons … Continue Reading
In accordance with the 20 January 2017 executive memorandum entitled ‘‘Regulatory Freeze Pending Review,’’ the US Department of Commerce, Bureau of Industry and Security (BIS) has delayed the implementation of changes to the export control classification of software specially designed for the development, production or use of certain oscilloscopes and transient recorders controlled under 3A992.d … Continue Reading
UPDATE: On 24 February 2017, BIS published a final rule extending until 29 March 2017 the temporary general licence for ZTE Corporation and ZTE Kangxun of China. Under this fourth extension of the ZTE General License, exports, reexports and transfers (in-country) to the entities are subject to the licencing requirements and policies of the Export … Continue Reading
On 28 December 2016, the US President issued Executive Order (EO) 13757 to amend a 2015 EO authorising the US Treasury Department’s Office of Foreign Assets Control (OFAC) to impose sanctions for significant malicious cyber-enabled activities. Intended to address alleged Russian tampering in the US elections, EO 13575 expands the scope of the 2015 EO … Continue Reading
US Department of Commerce’s Bureau of Industry and Security (BIS) issued Orders denying export privileges to Dane Francisco Delgado, Kamran Ashfaq Malik and Robert Luba. BIS also renewed an Order temporarily denying export privileges to Mahan Airways, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK) … Continue Reading
The US Commerce Department’s Bureau of Industry and Security (BIS) and the State Department’s Directorate of Defense Trade Controls (DDTC) each issued companion final rules (see here and here) that will amend the EAR and the ITAR, respectively, to harmonise the destination control statement language provided in both sets of regulations. These actions are the latest in a series taken pursuant … Continue Reading
On 23 August 2016, BIS published a proposed rule that would extend the time limitation on temporary exports of controlled items to Mexico under license exception TMP (15 CFR §740.9). The rule would align TMP with Mexico’s Decree for the Promotion of Manufacturing, Maquiladora and Export Services (IMMEX) programme, which provides for quota- and tax-free imports of goods for use … Continue Reading
The US Commerce Department’s Bureau of Industry and Security (BIS) published a final rule implementing changes to the Export Administration Regulations’ (EAR) Short Supply controls on US domestic crude oil. The rulemaking implements changes to the Short Supply controls provisions of the EAR and Commerce Control List (including removing ECCN 1C981) that came into effect in December 2015, under the … Continue Reading
BIS is amending the EAR to reflect changes to the MTCR Annex that were agreed to by MTCR member countries in 2015. The final rule, published in the Federal Register on 4 April 2016, makes conforming changes to correlate the Commerce Control List (CCL) and other EAR provisions with the current MTCR Annex. This includes revisions to six … Continue Reading
