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Category Archives: Export Controls

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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

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

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

DDTC Clarifies Registration and Licensing Requirements for U.S. Persons Employed by Foreign Companies

Posted in Export Controls
As part of a flurry of recent proposed and final amendments to U.S. export controls regulations, on May 26, 2015, the Department of State’s Directorate of Defense Trade Controls (DDTC) issued a proposed rule clarifying the registration and licensing requirements under the International Traffic in Arms Regulations (ITAR) for U.S. persons employed by foreign companies.… 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

New Sanctions May Make Business With Venezuela More Complicated

Posted in Compliance, Economic Sanctions, Export Controls, Trade Policy
On March 9, 2015, President Obama issued a new Executive Order instructing the freezing of the assets and the denial of entry into the United States of seven officials of the Venezuelan government. U.S. persons, including U.S. citizens, permanent residents, and companies, are prohibited from engaging in any transactions with the designated officials, and must… Continue Reading

OFAC Amends Sudanese Sanctions Regulations on Personal Communications

Posted in Economic Sanctions, Export Controls
Effective February 18, 2015, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) published a series of amendments to its Sudanese Sanctions Regulations (SSR), 31 C.F.R. Part 538, permitting the export or reexport of certain services, software, and hardware incident to personal communications to or in Sudan.  These amendments were issued in conjunction… Continue Reading

BIS Publishes Amendments to Promote the Free Flow of Information in Sudan

Posted in Export Controls
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published amendments to the Export Administration Regulations (EAR) easing its licensing policy and creating exceptions to license requirements for certain communications items sent to Sudan, consistent with the U.S. government’s commitment to advancing the free flow of information in Sudan. These changes were made… Continue Reading

BIS Publishes Broad Export Restrictions on the Crimea Region of Ukraine

Posted in Export Controls
As part of the U.S. government’s continuing effort to rebuke Russia for its purported annexation of the Crimea region of Ukraine, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published broad restrictions on exports, reexports, and transfers of items subject to the Export Administration Regulations (EAR) to or within the Crimea region. … Continue Reading

OFAC Eases Restrictions on Credit and Debit Card Use in Cuba, Imports, and Third-Country Effects

Posted in Export Controls
On January 16, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced the issuance of the agency’s eagerly anticipated amendments to the Cuban Assets Control Regulations (CACR), which are designed “to increase people-to-people contact, support civil society in Cuba, enhance the free flow of information to, from, and among the Cuban people, and… Continue Reading

BIS Publishes Amendments Easing Trade Restrictions on Cuba

Posted in Export Controls
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published sweeping amendments to the Export Administration Regulations (EAR), implementing the changes first announced by the President on December 17, 2014 and paving the way for increased trade and engagement with Cuba.  A license is required to export and reexport to Cuba any item subject… Continue Reading
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