Category Archives: Export Administration Regulations (EAR) and Commercial Exports

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Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager has drafted the job posting. What could go wrong? Export controls and anti-discrimination laws require employers to navigate an often-overlooked fine line when … Continue Reading

The Emerging Landscape for Export Controls on Autonomous Vehicle Technology

Taking a break from reporting on COVID-19 legal developments, we turn for a moment to what is happening now on export control of autonomous vehicle technology. The autonomous vehicle R&D sector is booming, largely in the last three years. Companies are investing in sensor technology and machine learning, and creating pilot programs to test self-driving … Continue Reading

Where’d You Get Your Tech? New Rules May Allow the U.S. Government to Unwind Your Latest IT Transaction

On November 26, 2019, the U.S. Department of Commerce issued a proposed rule that could change how you procure IT goods and services. The rule would allow the Commerce Department to review your company’s purchase of information and communications technology and services (ICTS), and to impose mitigation measures or unwind your transaction. Go ahead. Read … Continue Reading

Chasing Huawei: BIS May Change the Rules of the Game to Target One Player

The U.S. Department of Commerce is considering tightening export controls in two major ways. The changes are aimed at choking off supplies to Huawei, but the move could impact a wide range of commercial transactions for all EAR items and technology exported or reexported to China.… Continue Reading

Hua-Wait a Minute: Entity Designation Affects Non-U.S. Manufacturers’ Exports to China Tech Giant

On May 16, 2019, a sweeping U.S. export control rule went into effect that will impact the U.S. tech industry, but may also create an outsized risk for non-U.S. manufacturers. The rule, issued by the U.S. Department of Commerce, Bureau of Industry and Security (BIS) adds Huawei Technologies Co., Ltd. (Huawei) and 68 of its … Continue Reading

Comment Deadline Extended: Export Controls on Emerging Technologies

*This is an updated version of the December 10th blog post. Key Takeaways: Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below). You may submit comments on the criteria the U.S. government will use to determine what technologies are subject to export controls. The deadline … Continue Reading

The Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls on Emerging Technologies

Key Takeaways: Emerging technology sectors will soon be subject to new export controls. Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive manufacturing, robotics, brain-machine interface, advanced materials, and surveillance. New export controls on these sectors will likely require companies to obtain a license to export products to China and other … Continue Reading

Obama’s Not Slowing Down On Cuba: New Steps Forward Open Doors (and Humidors!) for Collaboration

With fewer than 100 days left in office, President Obama is not slowing down on his efforts to normalize relations between the United States and Cuba. Today, several changes to the Cuban Assets Control Regulations (CACR) and Export Administration Regulations (EAR) go into effect. Those changes build on the plan President Obama laid out in … Continue Reading

Espionage and Export Controls: The iPhone Hack Highlights The New World of Warfare

Last week, researchers at Citizen Lab uncovered sophisticated new spyware that allowed hackers to take complete control of anyone’s iPhone, turning the phone into a pocket-spy to intercept communications, track movements and harvest personal data. The malicious software, codenamed “Pegasus,” is believed to have been developed by the NSO Group, an Israeli company (whose majority … Continue Reading

The Baby and the Bathwater: The Department of Commerce’s Bureau of Industry and Security (BIS) Intrusion and Surveillance Software Export Licensing Proposal

If you are not aware, please take note that the July 20, 2015 deadline is fast approaching for comments to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) proposed rule on the export control of certain intrusion and surveillance related software.  The proposed rule, which addresses changes to the U.S. Export Administration … Continue Reading

Military Electronics Export Reform: Let the Chips Fall Where They May

Every time there is a new round of reforms under the President’s Export Control Reform initiative, we hear the same advice: Controls on certain items are eliminated or reduced (which creates new opportunities for manufacturers and exporters); but The new rules bring new complexities, so be careful. Attorneys in the export control space correspondingly inundate … Continue Reading

Drop Your Weapons: The United States Restricts Military Exports to Venezuela

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) to restrict exports to Venezuela of certain items intended for “a military end use or end user.”  These changes complement a pre-existing U.S. arms embargo against Venezuela – in place since 2006 – that was imposed because … Continue Reading

New U.S. Restrictions on Russia: OFAC Guidance and Industry-Specific Sanctions

OFAC Expands the 50 Percent Rule Last month, the Department of Treasury’s Office of Foreign Assets Control (OFAC) released new guidance related to entities owned or controlled by persons designated as a Specially Designated National (SDN) on OFAC’s SDN list.  Although the guidance leaves intact the current meaning “50 percent rule,” the rule will now … Continue Reading

Don’t try this at Home or Abroad: Export Controls and Sanctions Violations Lead to $21 Million in Penalties for Dutch Company Fokker Services B.V.

We frequently discuss enforcement actions in this blog, because understanding enforcement is a key aspect of trade compliance.  From a fifty-thousand foot view, each enforcement case serves as a cautionary tale about the overall need for compliance.  On a more granular level, enforcement actions provide valuable insight into how the government thinks about and targets … Continue Reading

Where Two Worlds Collide: The Impact of Sanctions in Space

As we continue to find new ways to look at the implications of the Ukraine-related sanctions introduced by the United States over the past few months, we have shifted our perspective to the extra-terrestrial to focus on the significant effects sanctions may have in space.  And from that vantage point, we note that the unintended … Continue Reading

ECR Episode IX – Serving up the Third Round: The Next Wave of Export Control Reform Takes Effect on July 1, 2014

In the country pubs of Ireland, it has long been the practice of the barkeep to “stand the third round” for good customers, meaning to offer the third drink for free.  The practice makes sense both as customer appreciation and as an inducement for those fine customers to continue their revelries right where they are.  … Continue Reading

Russian Against Time: New Sanctions and Lowered Expectations as Ukraine Crisis Continues

There’s no end in sight for the turmoil in Ukraine. And there’s no end in sight for international sanctions against Russia for causing that turmoil. As sanctions escalate, so will the collateral damage. New sanctions announced on April 28, 2014 will not only affect Russia and Ukraine, but will affect U.S. business too. But while … Continue Reading

Starving the Bear: The United States Restricts Exports to Russia

The pressure on Russia continues to build.  As we previously reported here and here, throughout March, the United States and other Western powers implemented a series of sanctions against individuals and entities deemed to be involved in the political destabilization of Ukraine.  Those sanctions were restricted to specific parties, including high ranking Russian and Ukrainian … Continue Reading

Spacing Out: BIS Issues Report on Export Controls and the Space Industrial Base

In February 2014, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a report (“Report”) detailing the impact of export controls on the U.S. space industry.  Titled the “U.S. Space Industry ‘Deep Dive’ Assessment,” the Report addresses how U.S. export controls affect the space industrial supply chain.… Continue Reading

Just the TTIP: A Review of the Transatlantic Partnership Agreement One Year After It Is Introduced to America

Next week will mark one year since President Obama introduced the Transatlantic Trade and Investment Partnership (TTIP) to the nation in his State of the Union Address.  Although the TTIP received only a brief nod in the President’s speech, the TTIP initiative has moved forward at a stunning pace . . . well, a stunning … Continue Reading

EU Targets Cyber Surveillance Exports and U.S. Considers Cyber Weapon Controls

By: Neil Ray In light of the recent high profile disclosures of cyber surveillance, there is increased political momentum in the U.S. and EU to control the export of particular cyber technology products and services.  In the EU, the focus is on electronic surveillance equipment, and in the U.S., the concern is the proliferation of cyber weapons. At an export control conference in Brussels this summer, a Dutch Member of the European Parliament, Marietje Schaake, who sits on the Parliament’s Committee of International Trade, called for EU regulation of “mass surveillance, mass censorship, tracking and tracing systems, as well as hacking tools and vulnerabilities that can be used to harm people”.… Continue Reading
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