American Trade & Manufacturing Blog

Tag Archives: BIS

Commerce Updates its Encryption Guidance to Reflect September 2016 Regulatory Changes

Posted in Export Controls
The Department of Commerce, Bureau of Industry and Security (BIS) recently updated the encryption guidance on its website to reflect the final rule it published in September 2016 easing the encryption-related controls in the Export Administration Regulations (EAR). Although BIS’s revamped guidance is not groundbreaking, it does provide industry with much-needed tools to navigate a… Continue Reading

New ITAR and EAR Rules on Fire Control, Laser, Imaging, and Guidance Equipment Go Into Effect at the End of the Year

Posted in Export Controls
Get ready.  On December 31, the Department of State, Directorate of Defense Trade Controls’ (DDTC) and the Department of Commerce, Bureau of Industry and Security’s (BIS) final rules revising the export controls on fire control, laser, imaging, and guidance equipment are set to go into effect.  These rules are part of the Administration’s Export Control… Continue Reading

BIS Publishes Changes to Its Encryption Rules, Reflecting Tech and Wassenaar Updates

Posted in Export Controls
Last Tuesday, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule amending its existing rules for encryption products (the “Final Rule”). In what will no doubt be seen by industry as at least a small and perhaps long overdue breath of fresh air, the Final Rule streamlines BIS’s approach to… Continue Reading

Get Ready: Final Rules Revising Certain EAR and ITAR Definitions Go into Effect in Just a Few Days

Posted in Export Controls
Exactly a year after their last round of proposed rules, the Department of Commerce’s Bureau of Industry and Security (BIS) and Department of State’s Directorate of Defense Trade Controls (DDTC) published their much-anticipated final definitions rules. These rules revise certain key terms in the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR).… Continue Reading

State and Commerce: Harmonizing Their Way Through Export Control Reform

Posted in Export Controls
Last week, the State Department’s Directorate of Defense Trade Controls (DDTC) and the Commerce Department’s Bureau of Industry and Security (BIS) harmonized the destination control statements (DCS) required for exports of certain items from the United States.  The new rules, which took more than one year to finalize, ease the burden on exporters by requiring… Continue Reading

State and Commerce Issue Final Rules for Toxicological Items and Directed Energy Weapons

Posted in Export Controls
Today, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published final rules to amend U.S. export controls on toxicological agents and associated equipment, along with directed energy weapons and related items.  Effective December 31, 2016, the final rules revise Categories… Continue Reading

BIS Provides Relief to Chinese Telecom Giant

Posted in Export Controls
Just two short weeks after having imposed significant export restrictions on ZTE Corporation, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) is providing a temporary reprieve to the Chinese telecom titan, much to the relief of ZTE and its suppliers and customers. On March 8, BIS imposed broad export restrictions on ZTE… Continue Reading

BIS Takes Steps to Further Relax Trade Restrictions on Cuba

Posted in Export Controls
On March 16, 2016 and just before President Obama’s planned visit to Cuba, the Commerce Department’s Bureau of Industry and Security (BIS) and the Treasury Department’s Office of Foreign Assets Control (OFAC) issued another round of rules liberalizing U.S. trade relations with Cuba. Consistent with the Administration’s policy toward Cuba, BIS’s rule aims to improve… Continue Reading

BIS Issues Restrictions on Exports to Chinese Telecom Titan

Posted in Export Controls
This week, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) imposed significant export restrictions on ZTE Corporation, a major Chinese manufacturer of telecommunications equipment and systems, along with ZTE Kangxun Telecommunications Ltd. (China), Beijing 8-Star International Co. (China), and ZTE Parsian (Iran). The sanctions stem from an alleged scheme by ZTE to… Continue Reading

DDTC and BIS Issue Second Round of Proposed Rules on Fire Control, Laser, Imaging, and Guidance and Control Equipment

Posted in Export Controls
On February 19, the Department of State’s Directorate of Defense Trade Controls (DDTC) and the Department of Commerce’s Bureau of Industry and Security (BIS) issued new proposed rules to revise the export controls on fire control, laser, imaging, and guidance and control equipment. These new proposals are part of the Administration’s Export Control Reform Initiative… Continue Reading

State and Commerce Propose Modifications to Controls on Military Aircraft and Gas Turbine Engines

Posted in Export Controls
Last week, the Department of State’s Directorate of Defense Trade Controls (DDTC) and the Department of Commerce’s Bureau of Industry and Security (BIS) published proposed rules (available here and here) that would modify the export controls on military aircraft, military gas turbine engines, and related items. The proposed adjustments are part of the U.S. government’s… Continue Reading

Commerce Department Paves the Way For Additional Trade with Cuba

Posted in Export Controls
On January 27, 2016, the Commerce Department’s Bureau of Industry and Security (BIS) published yet another new rule liberalizing U.S. trade relations with Cuba. The rule adds new categories of activities that BIS will license and is intended to engage and empower the Cuban people, while also maintaining stringent restrictions on and limiting the benefits… Continue Reading

U.S. Lifts Export Restrictions on Crude Oil

Posted in Export Controls
The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued a notice stating that, effective immediately, an export license is no longer required to export crude oil from the United States. Formerly, crude oil was subject to stringent “Short Supply” controls in BIS’s Export Administration Regulations (EAR), and as a result, a BIS… Continue Reading

U.S. Further Loosens Trade Restrictions on Cuba

Posted in Export Controls
On September 21, 2015, the Department of Commerce’s Bureau of Industry and Security (BIS) published amendments to the Export Administration Regulations (EAR) in support of the Administration’s new policy toward Cuba. This action builds upon the regulatory changes published in January of this year, which paved the way for increased trade and engagement with Cuba,… Continue Reading

CSIS Hosts Industry Panel to Decode BIS’s Proposed Cybersecurity Rule

Posted in Export Controls
Last week, the Center for Strategic & International Studies (CSIS) hosted several high-profile private industry representatives to discuss the Department of Commerce, Bureau of Industry and Security’s (BIS) proposal to implement the December 2013 Wassenaar Arrangement agreements regarding intrusion and surveillance items. The proposed implementing rule, which we profiled earlier this summer, has already created… Continue Reading

State and Commerce Propose Changes to Toxicological Items and Directed Energy Weapons Controls

Posted in Export Controls
On June 17, 2015, the Department of State’s Directorate of Defense Trade Controls (DDTC) and the Department of Commerce’s Bureau of Industry and Security (BIS) published proposed rules to amend U.S. export controls on toxicological agents and associated equipment and directed energy weapons. The proposed rules mark yet another important step in the President’s Export… Continue Reading

Commerce Department Issues Guidance on Intrusion and Surveillance Items

Posted in Export Controls
The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued policy guidance on its broad (and somewhat controversial) new proposed rule, which would impose strict controls on exports of certain intrusion and surveillance (or “cybersecurity”) items. The proposed amendments to the Export Administration Regulations (EAR) will add new controls covering hardware and software… Continue Reading

BIS Publishes New Rule Implementing Wassenaar Changes

Posted in Export Controls
On May 21, 2015, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) to implement changes agreed to in December 2014 by members of the Wassenaar Arrangement, a group of countries committed to ensuring effective export controls on strategic items to improve regional and… Continue Reading

Exporters Beware: BIS Issues Russia Due Diligence Guidance

Posted in Export Controls
Concerned with diversion of controlled goods and technology to Russia, the Commerce Department’s Bureau of Industry and Security (BIS) recently issued due diligence guidance for exporters. BIS has imposed a number of export restrictions limiting U.S. trade with Russia’s defense and energy sectors in response to the ongoing situation in Crimea, and the new guidance… Continue Reading

Commerce Department Eases Restrictions on Exports of Personal Communications Software to Crimea

Posted in Export Controls
On May 22, 2015, the Commerce Department’s Bureau of Industry and Security (BIS) amended the near-comprehensive export restrictions on the Crimea region of Ukraine in an effort to facilitate communication between the people of Crimea and the outside world.  The U.S. government believes that loosening restrictions on items that enable personal communications is in U.S.… Continue Reading

Commerce Department Proposes Expansive New Rule on Intrusion and Surveillance Items

Posted in Export Controls
On May 20, 2015, the Department of Commerce’s Bureau of Industry and Security (BIS) published a proposed rule imposing strict controls on exports of certain intrusion and surveillance (or “cybersecurity”) items. The proposed amendments to the Export Administration Regulations (EAR) are intended to implement agreements made in December 2013 by the Wassenaar Arrangement, a group… Continue Reading

State and Commerce Departments Issue Proposed Rules on Fire Control, Range Finder, Optical, and Guidance and Control Equipment

Posted in Export Controls
Today, the Department of State issued a proposed rule to amend the International Traffic in Arms Regulations (ITAR) to revise Category XII of the U.S. Munitions List (USML). The Department of Commerce issued a companion proposed rule to amend the Export Administration Regulations (EAR). These proposed rules are part of the Administration’s ongoing Export Control… Continue Reading
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