On January 23, 2019, the leader of Venezuela’s National Assembly, Juan Guaidó, declared himself the acting President of Venezuela and announced he would assume the powers of the Venezuelan executive branch until new national elections are held. The move was a direct challenge to Venezuela’s sitting president, Nicolás Maduro, who was reelected to a second… Continue Reading
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BIS Announces Good News for India, Bad News for South Sudan on Export Controls Front
Posted in Export ControlsDoes 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 ControlsLast 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
Proposed Shift for Small Arms Export Controls from State Department to Commerce Department Authority
Posted in Export ControlsYesterday, 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
U.S. Ratchets Up Venezuela Sanctions, Targets Digital Currency
Posted in Economic Sanctions, Export ControlsThe 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 ControlsYesterday, 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 the ITAR’s “Prohibited Countries” List
Posted in Export ControlsThe U.S. Department of State today issued an amendment to the International Traffic in Arms Regulations (ITAR) to include South Sudan in its regulations on prohibited exports, imports, and sales to and from certain countries, and to update its defense trade policy toward South Sudan by applying a policy of denial on the export of… Continue Reading
State Department Adds South Sudan to List of Prohibited Countries
Posted in Export ControlsLast 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 ControlsOn 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 ControlsThe 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 ControlsThe 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 ControlsGet 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
The Outlook For Sanctions and Export Controls in the Next Administration
Posted in Economic Sanctions, Export ControlsWith the presidential election fast approaching, businesses may be wondering what the next administration is likely to do with respect to sanctions and export controls. If Secretary Clinton is elected, the most likely path is a continuation in general of the current policies. If Donald Trump is elected, the prospects are much less clear. And… Continue Reading
DDTC Formally Recognizes Changes in U.S. Policy Toward Côte d’Ivoire, Liberia, Sri Lanka, and Vietnam
Posted in Export ControlsAs 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 ControlsLast 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 ControlsExactly 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 ControlsLast 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
Still Going: BIS Relief Continues for Chinese Telecom Giant ZTE
Posted in Export ControlsOn Friday, the Department of Commerce’s Bureau of Industry and Security (BIS) published a notice extending the relief it granted earlier this year to ZTE Corporation and ZTE Kangxun, which had been placed on BIS’s Entity List in early March of this year. As noted in prior posts, on March 8, 2016, BIS imposed broad… Continue Reading
State and Commerce Issue Final Rules for Toxicological Items and Directed Energy Weapons
Posted in Export ControlsToday, 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 ControlsThe 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 ControlsOn 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 ControlsJust 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 ControlsOn 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 ControlsThis 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
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