American Trade & Manufacturing Blog

Tag Archives: Export Controls

BIS Publishes Rule Implementing 2016 Wassenaar Plenary Meeting Changes

Posted in Export Controls
On August 15, 2017, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule amending the Export Administration Regulations (EAR) to implement changes agreed to by member states of the Wassenaar Arrangement in their December 2016 Plenary meeting. These changes are designed to prevent destabilizing arms trade, while also ensuring that… Continue Reading

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

OFAC Amends Sudanese Sanction Regulations

Posted in Economic Sanctions, Export Controls
The Office of Foreign Asset Controls (OFAC) has announced that it is issuing a general license for activities prohibited by the Sudanese Sanctions Regulations.  Effectively, that will make the sanctions’ prohibitions inoperative going forward, even as the Sudanese Sanctions Regulations themselves remain in place.  OFAC’s new rules, which become effective today, authorize all transactions that… 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

DDTC Formally Recognizes Changes in U.S. Policy Toward Côte d’Ivoire, Liberia, Sri Lanka, and Vietnam

Posted in Export Controls
As detailed in a prior post, the Department of State’s Directorate of Defense Trade Controls (DDTC) recently announced significant changes to its policies on exports of munitions items to Côte d’Ivoire (Ivory Coast), Liberia, Sri Lanka, and Vietnam. Last Thursday, DDTC codified these changes in the U.S. International Traffic in Arms Regulations (ITAR), eliminating any… 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

Recent ITAR Changes: Some Good News and Some Bad News

Posted in Export Controls
The Department of State’s Directorate of Defense Trade Controls (DDTC) recently announced several changes to the U.S. International Traffic in Arms Regulations (ITAR), including to its country policies and embargoes and its civil penalties.  These new policies may require corresponding changes to your company’s export compliance program and ITAR risk assessment analyses. First let’s start… Continue Reading

OFAC Amends Cuba Regulations to Encourage Further Engagement Between the United States and Cuba

Posted in Export Controls
On March 15, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced changes to its Cuban Assets Control Regulations (CACR), which aim to improve the lives of the Cuban people and encourage more active engagement between the United States and Cuba, while at the same time limiting any benefits to… 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

Challenge to Application of ITAR Brokering Provisions Dismissed

Posted in Export Controls
The D.C. District Court has dismissed a challenge to the Department of State’s application of the International Traffic Arms Regulations’ (ITAR) brokering provisions to attorneys. Notably, the challenge was filed by international trade law firm Matthew A. Goldstein, PLLC on its own behalf, regarding the application of the brokering provisions to legal services provided to… 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

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

Rolling Right Along with ECR: State and Commerce Publish Anxiously Anticipated Proposed Rules

Posted in Export Controls
On June 3, 2015, the Department of Commerce’s Bureau of Industry and Security (BIS) and Department of State’s Directorate of Defense Trade Controls (DDTC) published much-anticipated proposed rules, updating key terms in the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). The proposed rules address a host of important definitions and attempt… Continue Reading
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