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Export Controls

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On May 19, the US Commerce Department’s Bureau of Industry and Security (“BIS”) published an interim final rule effective on May 15, 2020 amending the Export Administration Regulations’ (“EAR”) General Prohibition Three (the “foreign-produced direct product rule”) and Entity List to impose new controls on the reexport, export from abroad, and transfer (in-country) of certain foreign-produced semiconductor-related items when such items are the direct product of certain designated US technology or software and are destined…

On April 28, 2020, the Department of Commerce’s Bureau of Industry and Security (“BIS”) published two new final rules and a proposed rule in the Federal Register amending the Export Administration Regulations (“EAR”) to tighten restrictions on exports of technology to China, Russia, and Venezuela. According to Commerce Secretary Wilbur Ross, these actions are intended to combat efforts by entities in China, Russia, and Venezuela to use certain US technologies obtained through civilian supply chains…

On 24 April 2020, the European Commission published Implementing Regulation (EU) 2020/568 (the “Implementing Regulation”), which prohibits the export from the EU of certain personal protective equipment unless a licence is first obtained from an EU Member State authority. The Implementing Regulation came into force on 26 April 2020. The Implementing Regulation replaces the temporary export controls imposed by the Implementing Regulation (EU) 2020/402 published on 15 March 2020, as amended by Implementing Regulation (EU)…

On 14 April 2020, the EC began a consultation with Member States on an adjustment to the emergency export authorisation scheme put in place on 15 March which expires on 25 April 2020. The highlight point of the new draft regulation, set to apply for a limited period of 30 days (as of 26 April 2020), is that it will extend only to protective face masks. This is based on the Commission’s view that this…