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BIS Announces Good News for India, Bad News for South Sudan on Export Controls Front

Posted in Export Controls

Does your company export products or technology to India or South Sudan? If so, last Friday, the Commerce Department’s Bureau of Industry and Security (BIS) made changes to the export controls on these countries that may impact your operations, particularly if your company exports “600 series” military commodities, software, or technology or satellite-related items. First,… Continue Reading

BIS Adds 44 Chinese Entities and Institutions to its Entity List

Posted in Export Controls

Last week, the Department of Commerce’s Bureau of Industry and Security (BIS) added eight Chinese entities and 36 subordinate institutions to its Entity List, ratcheting up tensions with China and reflecting the administration’s crackdown on U.S. exports that officials believe are being used to strengthen the Chinese military. Historically, companies often are added to BIS’s… Continue Reading

U.S. Ratchets Up Venezuela Sanctions, Targets Digital Currency

Posted in Economic Sanctions, Export Controls

The Trump administration issued a new Executive Order (EO) yesterday prohibiting all transactions related to and other dealings in any digital currency, digital coin, or digital token issued by, for, or on behalf of the Government of Venezuela after January 9, 2018. The U.S. government previously imposed targeted restrictions on dealings in new debt, new… Continue Reading

State Department Adds South Sudan to List of Prohibited Countries

Posted in Export Controls

Last week, the Department of State’s Directorate of Defense Trade Controls (DDTC) announced that it has added South Sudan to its list of prohibited countries under the U.S. International Traffic in Arms Regulations (ITAR). This designation means that with certain limited exceptions, export licenses for ITAR-controlled munitions items and related services are now subject to… Continue Reading

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

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

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

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

Treasury Publishes List of Boycotting Countries

Posted in Compliance

The U.S. Department of the Treasury (Treasury) periodically publishes an official boycott list to alert the public to those countries that require or may require participation in, or cooperation with, an international boycott. On January 27, 2016, Treasury published its current list of boycotting countries, which includes: Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria,… 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

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

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