Tag Archives: Commerce

US Adds Five Chinese Companies to the Department of Commerce Entity List

On June 24, 2019, the US Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule designating five entities, all located in China, to the Entity List. The five entities are: Chengdu Haiguang Integrated Circuit – aliases include Hygon and Chengdu Haiguang Jincheng Dianlu Sheji Chengdu Haiguang Microelectronics Technology – aliases include HMC … Continue Reading

Proposed Bill to Assess Chinese Acquisitions of US Financial Services Company and Temporarily Halt Pending Acquisitions

On November 2, 2017, Representative Christopher Smith (R-NJ), introduced a bill that would “authorize a review of financial services industry requirements of the People’s Republic of China and the implications of such requirements on national security interests of the United States.” (H.R. 4235, 115th Congress, Nov. 2, 2017).  The bill would require the Secretary of … Continue Reading

Trump Administration Announces New Policy on Cuban Embargo

In a National Security Presidential Memorandum issued 16 June 2017, the Trump Administration outlined modest changes to US Cuba policy and forthcoming revisions to economic sanctions regulations implementing the Cuba embargo. According to the memorandum, the shift is intended to “promote a stable, prosperous, and free country for the Cuban People,” by, among other things, redirecting US funds to private … Continue Reading

BIS Modifies Entity List Designation

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

ZTE Corporation Enters Into US$1.19 Billion Settlement

On 7 March, the Departments of Commerce, Justice, and Treasury jointly announced a US$1.19 billion settlement with China-based telecommunications company ZTE Corporation and its subsidiaries and affiliates (together ZTE) for allegedly violating US sanctions and export controls laws. ZTE agreed pay a US$100.9 million civil penalty to the Office of Foreign Assets Control (OFAC); a … Continue Reading

More Power to the Committee on Foreign Investment in the United States (CFIUS)

The media has reported on various potential plans and ideas being discussed by lawmakers to further expand or improve the Committee on Foreign Investment in the United States’s (CFIUS) scope and authorities. To date, no legislation has been introduced in Congress, and only few details about what has been proposed is publicly known.  Based on … Continue Reading

Trade Talk: Week in Review (13-19 February 2017)

President Donald Trump hosted the Canadian and Israeli Prime Ministers at the White House last week.  Secretary of State Rex Tillerson and Secretary of Homeland Security John Kelly traveled to Mexico City this week to discuss trade and security matters. Cabinet Shuffle.  Gen. Michael Flynn resigned as the National Security Advisor (NSA) last week, after … Continue Reading

Obama Administration Responds to Russian Hacking With Enhanced Cyber-Related Sanctions

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

Trade Talk: Week in Review (4-9 January 2017)

President Barack Obama will travel to Chicago on Tuesday, 10 January, to deliver his farewell address to the nation.  U.S. businessman Donald Trump will be sworn in as the 45th President of the United States on Friday, 20 January. Trump Transition News – Confirmation Hearings.  Senate Foreign Relations Committee (SFRC) Chairman Bob Corker (R-Tennessee) has … Continue Reading

Trade Talk: Week in Review (20 December 2016 – 3 January 2017)

Welcome to 2017.  The 115th Congress convened on Tuesday, 3 January.  U.S. businessman Donald Trump will be sworn in as the 45th President of the United States on Friday, January 20. Trump Transition News.  President-Elect Trump continues to announce senior officials who will serve as part of his Administration.  The Trump Transition Team noted at … Continue Reading

DDTC and BIS Harmonised Destination Control Statement Rules Go Into Effect

On 15 November 2016, companion rules issued by DDTC and BIS went into effect that adopt a harmonised destination control statement for controlled exports. Exporters must now include the new destination control statement on the commercial invoice for covered items that are exported, retransferred or reexported in tangible form. And, in the case of 9×515 … Continue Reading

Trade Talk: Week in Review (28 November – 4 December 2016)

Iran – Sanctions Measure Advances.  Last week, the Senate passed the Iran Sanctions Extension Act (H.R. 6297) by a vote of 99-0, sending the measure to President Obama’s desk. Members of Congress and Administration officials have said they do not believe renewal of the Iran Sanctions Act (ISA) would violate terms of the nuclear agreement … Continue Reading

Let’s Talk Trade!

In an unprecedented move, over 60 business leaders from all over the world gathered at the WTO on May 30 as part of the Trade Dialogues event. Business leaders encouraged the WTO to address a variety of issues including electronic commerce, rules to better facilitate services and investment flows, support for micro, small and medium-sized enterprises, … Continue Reading

US Department of Commerce, Bureau of Industry and Security (BIS) Amends the Export Administration Regulations (EAR) to Implement Missile Technology Control Regime (MTCR) Changes

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

Trade Talk – Week in Review (11-15 April 2016)

Global Steel Crisis Examined.  U.S. Trade Representative Michael Froman and Commerce Secretary Penny Pritzker co-chaired a two-day hearing last week on the global steel crisis, where U.S. lawmakers called for a better way to prevent foreign suppliers from flooding the U.S. market with subsidized steel.  While chairing the first day, Ambassador Froman stated that the … Continue Reading

DDTC and BIS Issue Proposed Rules to Reform USML Category XII and Related Controls of Fire Control, Laser, Imaging, and Guidance and Control Equipment

The US State Department’s Directorate of Defense Trade Controls (DDTC) and Commerce Departments’ Bureau of Industry and Security (BIS) have issued companion proposed rules to reform Category XII of the US Munitions List (USML). Under the proposed rules (State Rule; BIS Rule), certain fire control, laser, imaging, and guidance and control equipment that were previously controlled as defence articles … Continue Reading

Trade Talk – Week in Review (4-8 April 2016)

Global Steel Crisis.  The Office of the U.S. Trade Representative (USTR) and the Commerce Department will hold a joint hearing on 12 April that will focus on global steel overcapacity, just ahead of the Organization for Economic Co-operation and Development (OECD) steel committee meeting next week on the same topic. TPP Developments – Trying to … Continue Reading

Aussie Vitamin Stocks Surge Following Unprecedented Chinese Demand

China’s insatiable appetite for vitamins and supplements is pumping billions of dollars into the Australian economy, with thousands of online shoppers snapping up products from leading Australian and New Zealand brands Blackmores, Swisse Wellness, Vitaco and Bellamy’s. Baby formula exports have become a lucrative business, thanks to the end of China’s one child policy and … Continue Reading

Multiple Individuals Faced Criminal Penalties for Export Violations

The US Department of Justice (DOJ) announced the convictions of Alexander Posobilov, Shavkat Abdullaev and Anastasia Diatlova for conspiring to export, and illegally exporting, controlled microelectronics to Russia in violation of the International Emergency Economic Powers Act (IEEPA) and the Arms Export Control Act (AECA). Separately, the DOJ also announced the sentencing of Mozaffar Khazaee … Continue Reading

BIS Expands Entity List to Include 29 Persons Acting Contrary to US Policy in the Crimea Region of Ukraine

The US Department of Commerce, Bureau of Industry and Security (BIS) has issued a final rule amending the Export Administration Regulations (EAR) by adding 29 persons to the Entity List. These persons have been determined by the US Government to be acting contrary to the national security or foreign policy interests of the United States … Continue Reading

US Commerce Department Amends Export Administration Regulations to Implement Removal Cuba’s State Sponsor of Terrorism Designation

On 22 July 2015, the US Department of Commerce Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to implement the Secretary of State’s removal of Cuba from the list of State Sponsors of Terrorism. The rulemaking removes anti-terrorism (AT) licensing requirements for Cuba and references throughout the EAR to Cuba as … Continue Reading

October 15 Deadline to Confirm Compliance of Licenses and Approved Agreement for Aircraft, Aircraft Engines and Aircraft Parts and Components

On 15 October 2013, as part of the US Government’s Export Control Reform (ECR), the US Departments of State and Commerce transitioned certain military aircraft, aircraft engines and aircraft parts and components from the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) to the Commerce Control List (CCL) of the … Continue Reading
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