American Trade & Manufacturing Blog

Lori Scheetz

Lori Scheetz

Lori Scheetz assists clients with numerous international trade issues, including export compliance matters and antidumping and countervailing duty proceedings. She also advises clients regarding compliance with the FCPA.

 
lscheetz@wileyrein.com

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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

OFAC Revokes JCPOA-Related General Licenses and Issues Wind-Down Authorizations

Posted in Announcements
Following the President’s May 8, 2018 withdrawal from the Joint Comprehensive Plan of Action (JCPOA), today, the Office of Foreign Assets Control (OFAC) revoked General License H (GL H), which authorized U.S.-owned or -controlled foreign entities to engage in business with Iran, and General License I (GL I), which authorized U.S. persons to negotiate and enter into contingent… Continue Reading

Back to the Future: What Your Company Needs to Know and Do About the Reinstated Iran Sanctions

Posted in Economic Sanctions
Webinar: Wednesday, June 6, 2018 | 12:00 p.m. – 1:00 p.m. EDT RSVP Here On May 8, President Trump announced the United States’ withdrawal from participation in the Joint Comprehensive Plan of Action (JCPOA), the landmark 2015 agreement that eased sanctions on Iran in exchange for curbs on Iran’s nuclear program. The U.S. government’s withdrawal… Continue Reading

Proposed Shift for Small Arms Export Controls from State Department to Commerce Department Authority

Posted in Export Controls
Yesterday, the Trump Administration announced a plan to transfer control over the export of small arms from the U.S. Department of State’s International Traffic in Arms Regulations (ITAR) to the typically less-stringent U.S. Department of Commerce’s Export Administration Regulations (EAR). The shift will affect U.S. small arms exports, including non-automatic and semi-automatic firearms up to .50 caliber,… Continue Reading

President Trump Withdraws from Iran Nuclear Deal; U.S. Sanctions to be Re-Imposed

Posted in Economic Sanctions
President Trump today announced the United States’ withdrawal from participation in the Joint Comprehensive Plan of Action (JCPOA), the landmark 2015 agreement that eased sanctions on Iran in exchange for curbs on Iran’s nuclear program. Pursuant to the withdrawal, President Trump has directed his Administration to immediately begin the process of re-imposing sanctions against Iran, targeting the Iranian energy,… Continue Reading

Trump Administration Sanctions Russian Oligarchs and Government Officials

Posted in Economic Sanctions
Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated several Russian individuals and entities, including seven Russian oligarchs and 17 top Russian government officials, pursuant to the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA) and Executive Orders related to Ukraine and Syria. The full list of individuals and… 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

OFAC Sanctions Russians for Election Interference and Malicious Cyberattacks

Posted in Economic Sanctions, Export Controls
Yesterday, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated several Russian individuals and entities as Specially Designated Nationals (SDNs) pursuant to the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA) and a cyber-related Executive Order. The new sanctions are retaliation for Russia’s interference in the most recent presidential election as well… 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

Agencies Amend Cuba Sanctions to Implement President Trump’s June National Security Presidential Memorandum

Posted in BIS, Economic Sanctions, Trade Policy
Last week, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), and the U.S. Department of State took steps to implement restrictions on tourism and trade with Cuba, which were announced by President Trump in June. Consistent with the National Security… 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

Trump Administration Announces Curbs On Travel and Trade With Cuba

Posted in BIS, Economic Sanctions, Trade Policy
President Trump today announced plans to restrict tourism and trade with Cuba, retreating from certain aspects of the Obama Administration’s liberalization of ties with the communist regime. Intended to strictly enforce the statutory ban on tourism to Cuba and to restrict the flow of money to the Cuban military, intelligence, and security services, the new… 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

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

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
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