The US Commerce Department’s Bureau of Industry and Security (“BIS”) has issued amendments to the Export Administration Regulations, 15 C.F.R. Parts 730-774 (“EAR”) that, most significantly, define the scope of “standards-related activities” that are subject to US export controls jurisdiction under the EAR. The purpose of these amendments is to ensure that US export controls and associated compliance concerns do not impede the participation and leadership of US companies in legitimate standards-related activities. BIS also…
On July 10, 2024, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) issued guidance on addressing the risks of diversion of items subject to US export controls to countries or parties of concern (the “Guidance”). The Guidance summarizes mechanisms that BIS uses to notify companies and universities about parties that present diversion risks and that do not appear on its screening lists, as well the level of due diligence BIS expects in…
On June 12, 2024, the US Departments of Treasury and Commerce issued new sanctions and export controls in response to Russia’s continued war in Ukraine. Below we outline key categories of these new and expanded trade measures designed to restrict the flow of support to the Russian military-industrial base. The new sanctions issued by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) are directed at Russia’s foundational financial infrastructure and access to…
On the Connect on Tech blog, Justine Phillips, Sylwia Lis, and Alex Lamy have published a post about export control considerations that companies should keep in mind when managing cyber incidents and data exfiltration. The blog, “Cyber Transparency, Risk & Sanctions: How Cyber Incidents Give Rise to Export Control Issues,” can be found here.