Updated as of March 9, 2022
Key Takeaways of OFAC (Treasury), BIS (Commerce), and State Actions
- Major Russian Banks Blocked from the U.S. Financial System
Timely Updates and Analysis on Key International Trade Law Issues
Updated as of March 9, 2022
Key Takeaways of OFAC (Treasury), BIS (Commerce), and State Actions
Updated as of February 25, 2022
Key Takeaways
…
Continue Reading Verify, Then Trust: Commerce Adds 33 Parties in China to Unverified List
Hiring employees does not usually call to mind international trade compliance obligations. However, together U.S. export controls and anti-discrimination laws create a web that is overlooked or misunderstood by many types of employers of all sizes across many industries. Anti-discrimination laws prohibit unlawful citizenship status restrictions when hiring, and U.S. export controls prohibit disclosing controlled information to foreign nationals without authorization. Together, these law limit acceptable job descriptions and hiring practices.
Continue Reading Export Control HR Pitfalls To Avoid When Hiring
Key Takeaways:
Export controls and other regulations often lag a step or two behind the times. That trend has accelerated with the pace of technological advancement. As a result, for many years, technical know-how in many cutting-edge technical fields has not been subject to export controls. This has meant that many commercial technical innovations could be freely exported without significant restrictions. As long as they were not designed for a military application, and no encryption technology involved, many new ideas developed in the United States were simply unaccounted for in the U.S. Export Administration Regulations (EAR).
But the U.S. Department of Commerce, Bureau of Industry and Security (BIS) is about to make up a lot of ground in a single, large leap.
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
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 Regulations (EAR), is designed to align with agreements made in the December 2013 Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, a multilateral export control regime with 41 participating states committed to promoting transparency and responsibility in cross-border transfers of arms and dual-use goods and technologies. The wide-reaching rule proposes adding new controls in Category 4 of the EAR’s Commerce Control List (CCL) intended to address “intrusion software” used by hackers and other cybercriminals. The difficulty is that, in the way the proposed rule is worded (and explained), it also subjects network penetration testing products, the type that use “intrusion software” to identify cyber-vulnerabilities, to the same export licensing requirements. That is to say, the manner in which the controlled intrusion software would be defined includes the good as well as the bad, and – could have a chilling effect on beneficial research and development of defensive software.
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
Every time there is a new round of reforms under the President’s Export Control Reform initiative, we hear the same advice:
Attorneys in the export control space correspondingly inundate us with articles advising, in effect, call your export control lawyer.…
Continue Reading Military Electronics Export Reform: Let the Chips Fall Where They May
By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here.