American Trade & Manufacturing Blog

Tag Archives: Export Controls

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

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

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

OFAC and Commerce Amend Their Cuba Regulations to Open Up Trade and Investment with Cuba

Posted in BIS, Economic Sanctions, Export Controls
Today, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced the issuance of their eagerly awaited amendments to the Cuban Assets Control Regulations (CACR) and the Export Administration Regulations (EAR), respectively.  These amendments implement the President’s policy to significantly ease restrictions… Continue Reading

BIS Provides Much-Needed Clarity Regarding How it Defines “Crude Oil”

Posted in Export Controls
Since last summer, there has been considerable uncertainty regarding how to classify lease condensate that has undergone some processing for export control purposes.  To address this issue, the Department of Commerce’s Bureau of Industry and Security (BIS) recently issued a Frequently Asked Questions (FAQ) guide discussing the difference between lease condensate and liquid hydrocarbons considered to… Continue Reading

Final Export Control Reform Rules for Electronics Effective Today

Posted in Export Controls
Today is the effective date of the Department of State’s final rule (with corrections available here) and the Department of Commerce’s final rule revising the export controls applicable to electronics.  The new rules shift control of many electronics from the State Department’s International Traffic in Arms Regulations (ITAR) to the Commerce Department’s Export Administration Regulations… Continue Reading

The Answers to Your Questions About BIS’s Russia Sanctions Are Here

Posted in Export Controls
The Department of Commerce’s Bureau of Industry and Security (BIS) has published a much-anticipated Frequently Asked Questions (FAQs) guide to its Russia sanctions.  The FAQs guide primarily addresses BIS’s broad energy-sector sanctions, which prohibit the export, reexport, or in-country transfer of certain items without a license when the person either: (1) knows or is informed… Continue Reading

State Department Amends ITAR to Allow Certain Exports of Lethal Defense Articles to Vietnam

Posted in Export Controls
The U.S. Department of State has revised the International Traffic in Arms Regulations (ITAR) to change its longstanding policy on exports of certain lethal defense articles to Vietnam.  Since the end of the Vietnam War, the State Department has imposed a presumptive policy of denial with regard to all such exports – i.e., the agency… Continue Reading

New Satellite Rules Effective Today

Posted in Export Controls
Today, the Department of State’s final rule (with corrections available here) and the Department of Commerce’s final rule revising the export controls applicable to satellites and related parts, components, software, technology, and services became effective.  The agencies published interim final rules detailing the changes in May 2014.  This is long-awaited and welcome news to the… Continue Reading

Got Combat Skills? Here’s How to Export Them.

Posted in Export Controls
Under the U.S. International Traffic in Arms Regulations (ITAR), training on a defense article is a defense service generally covered by the U.S. Munitions List (USML) category in which the defense article is enumerated.  In other words, training on a firearm controlled by Category I of the USML is also covered under Category I.… Continue Reading

Another Round of Export Restrictions on Russia

Posted in Export Controls
The ever-evolving sanctions targeting Russia in response to the crisis in Ukraine just became more complicated, as the Commerce Department issued a new set of export restrictions aimed at further limiting U.S. trade with Russia’s defense and energy sectors. Defense Sector Sanctions Commerce added the following Russian defense companies to its Entity List and imposed… Continue Reading
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