Tag Archives: EAR

Lend Me Your EARs: CFIUS Makes Export Controls a Trigger for Mandatory Filings

Reid WhittenJulien BlanquartLisa MaysBy Reid Whitten, Julien Blanquart and Lisa Mays on Posted in CFIUS
On October 15, 2020, CFIUS will officially tie mandatory filings to U.S. export control regimes, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).  While that change may draw a clearer line of what constitutes a mandatory filing, it also pulls your CFIUS review into the complex (and somewhat nerdy) … Continue Reading

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

Reid WhittenLisa MaysBy Reid Whitten and Lisa Mays on Posted in Export Administration Regulations (EAR) and Commercial Exports
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

A Chinese Export License to Get a Smart Phone? Tech-Tonic Changes in World Export Controls

Reid WhittenJulien BlanquartBy Reid Whitten and Julien Blanquart on Posted in Export Control Reform (ECR)
“A free and open economy is the foundation of global peace and prosperity.” – Prime Minister Shinzo Abe, G20 summit, June 2019. On July 1, 2019, only few days after Japanese Prime Minister Shinzo Abe opened the G20 summit with a speech endorsing an open global economy, the Japanese government announced that it will impose tighter … Continue Reading

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

Reid WhittenJ. Scott MaberryEnumale AgadaBy Reid Whitten, J. Scott Maberry and Enumale Agada on Posted in Export Administration Regulations (EAR) and Commercial Exports
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

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

Reid WhittenJ. Scott MaberryCurtis DombekLisa MaysBy Reid Whitten, J. Scott Maberry, Curtis Dombek and Lisa Mays on Posted in CFIUS, Export Administration Regulations (EAR) and Commercial Exports
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

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

J. Scott MaberryReid WhittenBy J. Scott Maberry and Reid Whitten on Posted in Export Administration Regulations (EAR) and Commercial Exports, Export Control Reform (ECR), ITAR and Defense Exports
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

By Sheppard Mullin on Posted in Export Administration Regulations (EAR) and Commercial Exports
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

ECR Episode XI: Rewriting the Guide to the Galaxy – Satellites Passed to Commerce Control

Reid WhittenBy Reid Whitten on Posted in Export Control Reform (ECR), ITAR and Defense Exports
Glancing through the fictional but fascinating Hitchhiker’s Guide to the Galaxy (Rsch. Ford Prefect; Pub. Megadodo Publications), one might recognize that the assertions therein are a bit confusing. Similarly, one might become confused when reviewing another, less whimsical, guide to the galaxy: the revised United States Munitions List Category XV – Spacecraft and Related Articles. … Continue Reading

ECR Episode IX: The Export Control Reform Turns One – What are Your Plans for the Big Celebration?

Reid WhittenBy Reid Whitten on Posted in Export Control Reform (ECR)
The Year Mark Apparently, it is now fashionable among my peers to host elaborate parties in honor of the first birthdays of their children. I have attended a number of these fêtes, and been impressed to just what lengths the parents will go to celebrate twelve months of growth and achievement for a Guest of … Continue Reading

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

Reid WhittenBy Reid Whitten on Posted in Export Administration Regulations (EAR) and Commercial Exports, ITAR and Defense Exports
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

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

Reid WhittenBy Reid Whitten on Posted in Export Administration Regulations (EAR) and Commercial Exports, ITAR and Defense Exports
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

ECR Series Episode V: Revisions to Naval Vessel and Military Vehicle Controls – A Regulatory Sea (and Land) Change

Reid WhittenBy Reid Whitten on Posted in Export Control Reform (ECR)
By: Reid Whitten First they came by air, now by sea and by land. On July 8, 2013, the U.S. Department of State published its final rule revising controls on naval vessels and military vehicles contained in the International Traffic in Arms Regulations (ITAR).   The changes will take effect on January 6, 2014 and will revise United States Munitions List Category VI (Surface Vessels and Special Naval Equipment), Category VII (Ground Vehicles), and Category XX, (now named Submersible Vessels and Related Articles).  The final rule also makes changes to Category XII (Materials and Miscellaneous Articles) which are noteworthy and will be covered separately in an upcoming episode of this series. This article covers highlights of the regulatory changes for naval vessels and military vehicles, notes the pattern of the Export Control Reform revisions, and comments on how these changes may be important to you and your business.… Continue Reading

Early Steps Toward a Streamlined Export Control System: Proposed Changes to the ITAR and EAR

By Sheppard Mullin on Posted in Export Administration Regulations (EAR) and Commercial Exports, ITAR and Defense Exports
By: Curt Dombek & Reid Whitten On November 7, 2011, the U.S. State Department published a proposed rule amending the International Traffic in Arms Regulations (“ITAR”) by narrowing the categories of aircraft and related equipment controlled on the United States Munitions List (“USML”). Concurrently, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) published a proposed rule adding five new Export Control Classification Numbers (“ECCNs”) to the Commerce Control List, which lists items controlled under the Export Administration Regulations (“EAR”). The two rules are linked, as the new ECCNs in BIS's proposed rule will cover those items carved out of the ambit of ITAR controls by the State Department’s proposed rule. … Continue Reading
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