The EU is going extraterritorial, and it is doing so through private contract. It is a pretty neat trick.Continue Reading E(U)xterritoriality of EU Sanctions: The No Russia Clause
Technology Protection is a Core National Security Priority: BIS Strengthens Its Policy on Disclosures
Recently, the Department of Commerce issued a memo, emphasizing that “technology protection is a core national security priority” and how companies that choose not to disclose significant violations of export regulations may have to bear concrete costs for non-disclosure. This memo highlights the continued focus to control U.S. technology security breaches, especially in the semiconductor and advanced computing industries.Continue Reading Technology Protection is a Core National Security Priority: BIS Strengthens Its Policy on Disclosures
Friday Development: New Sanctions and Export Controls to Address Russia’s Ongoing Aggression in Ukraine (Including the use of Iranian UAVs)
In response to Russia’s ongoing aggression in Ukraine, both the United States and the European Union have imposed additional sanctions and further restricted exports to Russia and Iran. These new controls span many industries.Continue Reading Friday Development: New Sanctions and Export Controls to Address Russia’s Ongoing Aggression in Ukraine (Including the use of Iranian UAVs)
Tightening the Cordon – U.S. Restricts Licensing Policy and Adds Allies to Technology Controls
Update and Correction: We had understood that the date for the announcement of a regulatory change would be February 13. That understanding is (pretty obviously, now, on February 14) incorrect. We still believe the change is imminent and will update as soon as we have further information.
Key takeaways
- Soon, the U.S. government will officially issue a stricter policy of denial for providing lower-tech items to Huawei.
- Technological containment continues as the Netherlands and Japan move to impose U.S.-style restrictions on semiconductor exports to China.
The New Containment: How the Semiconductor Industry Came to Be at the Heart of the Technological Cold War
As you may have heard here (and here and here), in October 2022, the United States issued sweeping measures aimed at the semiconductor industry in China. The new regulations restrict the export of semiconductors and related technology, manufacturing equipment, software, and even U.S.-person support, to China. The regulations are part of a high-stakes chess match between the United States and China, as they compete for technological and economic dominance. One important result of this struggle is that the global semiconductor industry is being squeezed by the regulatory and geopolitical pressure exerted by both sides.Continue Reading The New Containment: How the Semiconductor Industry Came to Be at the Heart of the Technological Cold War
Myanmar Sanctions – A Last Resort Against a Non-Cooperating Country
Today, the Financial Action Task Force (FATF) officially moved Myanmar onto the agency’s blacklist, where it joins Iran and North Korea, the only other two listed countries. It is likely that the United States and other countries will take the FATF designation as grounds to impose financial sanctions on the country, likely focusing on its central bank and financial institutions.Continue Reading Myanmar Sanctions – A Last Resort Against a Non-Cooperating Country
U.S. and Allies Impose Additional Russia Sanctions After Sham Annexations
In response to Russia’s illegal declaration of annexations of Ukrainian territory, the United States and the European Union have imposed additional sanctions on Russia.Continue Reading U.S. and Allies Impose Additional Russia Sanctions After Sham Annexations
Further Export Controls on Semiconductor Technology for China coming this Week
** Update: Announcement has been moved to Friday October 7, 2022 at 9:30 AM Eastern Daylight Time **
On Thursday, the Biden administration will announce new restrictions preventing China from accessing advanced U.S. semiconductor technology.Continue Reading Further Export Controls on Semiconductor Technology for China coming this Week
First-Ever Executive Order on CFIUS Highlights Biden’s National Security Priorities
On September 15, President Biden signed the first-ever Executive Order (E.O.) on CFIUS – the Committee on Foreign Investment in the United States. While the E.O. does not substantively change CFIUS’s jurisdiction or the legal process, the Biden Administration provides some explicit guidance on certain national security priorities and factors for CFIUS to consider when evaluating transactions – focusing in on protecting U.S. technological advantage, supply chain resiliency, and sensitive data from U.S. adversaries. No doubt, the E.O. will impact certain cross-border transactions and investments as CFIUS develops strategies to incorporate the E.O. into practice and align national security priorities with other national security tools.Continue Reading First-Ever Executive Order on CFIUS Highlights Biden’s National Security Priorities
Reverse CFIUS? S∩IℲƆ? New outbound investment review process becoming more likely
So you’d like to build a new fabrication facility in China, or just add some capabilities to your existing plant? Well, the U.S. Government may want to have a look at that transaction—and may soon have the authority to stop that transaction.Continue Reading Reverse CFIUS? S∩IℲƆ? New outbound investment review process becoming more likely
Is the U.S. solar industry ready to prove its panels aren’t made with Uyghur forced labor?
The U.S. photovoltaic (PV) industry, solar module suppliers, manufacturers, and renewable energy developers are facing new regulatory challenges with the implementation of new legislation which has a significant impact on such imports. Among the most significant is the Uyghur Forced Labor Prevention Act, Pub. L. No. 117-78, 135 Stat. 1525 (2021) (“UFLPA”), whose provisions became fully effective on June 21, 2022.Continue Reading Is the U.S. solar industry ready to prove its panels aren’t made with Uyghur forced labor?