Tag Archives: Export controls

China Expands Technology Export Controls: Fighting back on TikTok and Putting Your R&D at Risk

Reid WhittenJulien BlanquartBy Reid Whitten and Julien Blanquart on Posted in Export Administration Regulations (EAR) and Commercial Exports
On August 28, 2020, China took its own swing in the fight over TikTok. The blow, however, may land right in the middle of U.S.-China technology research, collaboration, and innovation. New export regulations may require licenses from the Chinese government before researchers in China may share their technological advances with colleagues, counterparts, or customers in … Continue Reading

The Emerging Landscape for Export Controls on Autonomous Vehicle Technology

Curtis DombekFatema MerchantLisa MaysBy Curtis Dombek, Fatema Merchant and Lisa Mays on Posted in CFIUS, Export Administration Regulations (EAR) and Commercial Exports, ITAR and Defense Exports
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

CFIUS Proposes Rules to Implement FIRRMA

Reid WhittenBrian WeimerEamon TierneyBy Reid Whitten, Brian Weimer and Eamon Tierney on Posted in CFIUS
Key Takeaways: Technology Infrastructure and Data. CFIUS will focus its review on investments in critical Technology, critical Infrastructure, and sensitive personal Data (“TID Businesses”). Critical technologies is defined to include certain items subject to export controls along with emerging and foundational technologies under the Export Control Reform Act of 2018. CFIUS provides a very helpful … 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

Comment Deadline Extended: Export Controls on Emerging Technologies

J. Scott MaberryReid WhittenCurtis DombekA. Joseph Jay IIIFatema MerchantLisa MaysEnumale AgadaBy J. Scott Maberry, Reid Whitten, Curtis Dombek, A. Joseph Jay III, Fatema Merchant, Lisa Mays and Enumale Agada on Posted in Export Administration Regulations (EAR) and Commercial Exports
*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

On FIRRMA Ground: Congress to Restrict Foreign Investment and Expand Export Controls

Robert MagielnickiReid WhittenBy Robert Magielnicki and Reid Whitten on Posted in CFIUS
This week, there were reports that the Trump Administration would use emergency powers to restrict Chinese investment in the United States. On Wednesday, the White House backed away from that position after the House of Representatives passed a bill on Tuesday expanding and increasing the powers of the Committee on Foreign Investment in the United … Continue Reading

Another Day Another Tariff… and Other Recent Restrictions on China

J. Scott MaberryLisa MaysBy J. Scott Maberry and Lisa Mays on Posted in CFIUS, Import and Customs
In what has become his trademark Trumpian manner, the President announced last Friday that new tariffs and trade restrictions against China are on again, at the same moment that his senior Commerce and Treasury Department negotiators were trying to work out a deal in Beijing. This came just a handful of days after Department of … Continue Reading

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

Fatema MerchantLaura JehlBy Fatema Merchant and Laura Jehl on Posted in Export Administration Regulations (EAR) and Commercial Exports
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

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

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

Fatema MerchantBy Fatema Merchant on Posted in Export Administration Regulations (EAR) and Commercial Exports, Export Control Reform (ECR), ITAR and Defense Exports
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

Gentlemen, Start Your Engines: The Race for Riches in U.S.–EU Trade Begins with a Mandate from the European Commission

Reid WhittenBy Reid Whitten on Posted in Uncategorized
By: Reid Whitten The European Union and United States comprise 40% of global economic output and the trade relationship between them is the largest in the world. Tariffs between the two partners are already low (only 4% on average) and the long-lived peaceful commerce across the Atlantic has held on through boom and bust.  So if trade agreements aim to free up the flow of trade between regions and increase economic activity and wealth on both sides, what policy change could promise potential gains of nearly $200 billion shared between the two economies?… Continue Reading

Streamlining the System: More Baby Steps Toward Reducing Export Compliance Burdens

J. Scott MaberryReid WhittenBy J. Scott Maberry and Reid Whitten on Posted in Export Administration Regulations (EAR) and Commercial Exports, ITAR and Defense Exports
By: Scott Maberry and Reid Whitten Since 2011, President Barack Obama’s administration has actively pursued export control reform designed to reduce the regulatory burdens on U.S. companies and enhance U.S. national security (as reported here).  On March 7, 2013, the Administration notified Congress of the first in a series of amendments to the U.S. Munitions List.  The next day, March 8, 2013, the White House released Executive Order 13637 to update delegations of presidential authority over the administration of export and import controls.  Also on March 8, the White House issued a fact sheet on the implementation of export control reform.  These steps, though small, mark clear progress in the President’s Export Reform Initiative.… Continue Reading

A “Deep Dive” into Space and Export Controls

By Sheppard Mullin on Posted in Export Administration Regulations (EAR) and Commercial Exports, ITAR and Defense Exports
By: Mark Jensen For the last nine months, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) has been collaborating with NASA, the U.S. Air Force, and the National Reconnaissance Office on a “Deep Dive” survey and assessment of the U.S. space industrial base supply chain network.  The survey was originally distributed to 9,150 companies and other organizations.  Through January 2013, the government had received more than 2,000 responses, which yield a great deal of data about the space industry in the United States. … Continue Reading

ALERT – Changes Coming to Europe’s Dual-Use Export Regulations

By Sheppard Mullin on Posted in Export Administration Regulations (EAR) and Commercial Exports
By: Reid Whitten On June 15, the European Union put into effect some 271 changes to its dual-use export control regulations.  The changes represent an update of the entire European export regime to incorporate numerous changes made in accordance with international agreements reached in the past few years.… Continue Reading

International Sanctions – Updates to U.S. Sanctions Laws in 2011

By Sheppard Mullin on Posted in Sanctions
By: David Gallacher and Thaddeus McBride In 2011, the world experienced historic events, particularly with regard to the Arab Spring and the violent repression that followed in nations like Libya and Syria.  2011 witnessed the expansion of a number of international sanctions programs, most particularly tied to political developments in countries such as Iran, Syria, Libya, Sudan, Cuba, and North Korea.  Following is a summary of key developments in U.S. sanctions during 2011, as well as a brief look ahead at what may happen in 2012 in countries such as Iran, Yemen, and Myanmar (Burma).  … Continue Reading
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