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EAR

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On March 29, 2021, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule (“Final Rule”) implementing changes to the Export Administration Regulations (“EAR”) that were agreed to at the December 2019 Wassenaar Arrangement Plenary meeting. Specifically, the Final Rule modified the reporting and self-classification requirements for exports of most mass-market encryption items and the email notification requirement for exports of publicly available encryption source code and beta test software.…

The US Treasury Department’s Office of Foreign Assets Control (“OFAC”), the US State Department (“State”), and the US Commerce Department (“Commerce”) issued rules adjusting maximum civil monetary penalties (“CMPs”) under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (“FCA”), as outlined below. (For additional years of CMPs, see our previous blog post available here.) OFAC CMP Adjustments Under OFAC’s final rule published on March 17, 2021, the adjusted penalties apply to CMPs…

On April 9, 2021, the US Commerce Department’s Bureau of Industry and Security (“BIS”) strengthened restrictions targeting Burma by adding Burma to the list of countries subject to the Export Administration Regulations’ (“EAR’s”) military-intelligence end-use and end-user controls and controls on certain support activities by US persons (“Interim Final Rule”). These controls were first issued on January 15, 2021 (“January Rule”), and became effective March 16, 2021. Our blog posts on other recent sanctions targeting…

Join us for a cross-disciplinary discussion with our NA trade secrets partners on trade secrets enforcement issues that arise in export controls. The discussion is available here. As part of the heightened enforcement of trade secrets theft allegations in the United States, the Commerce Department recently added several institutions and individuals to the Entity List based on alleged theft. The spotlight on trade secrets is a trend to watch, and our experts walk you through…