After much anticipation, on November 5, 2026, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) released a final rule formally extending the suspension of the “Affiliates Rule” through January 10, 2027. This final rule is due to be published in the Federal Register on November 9, 2026. The Affiliates Rule, originally issued as an interim final rule effective September 29, 2025, automatically extends Entity List, Military End-User List, and certain sanctions-based licensing…
The results from the midterm elections have changed the political landscape of the U.S. House of Representatives and Senate. While some individual races remain to be called, the power shift in Congress has been confirmed: Democrats will take control of both the House of Representatives and the Senate. The next Congress, and the way it interacts with the Trump Administration on trade issues, will create new challenges and demand fresh strategies for companies. We share…
On October 30 China’s Ministry of Commerce (“MOFCOM”) issued on draft Measures on Dual-use Items Export Control Investigation and Enforcement (the “Draft”), soliciting public comments until November 29, 2026. For the first time, the Draft explicitly sets out procedures for MOFCOM’s own enforcement arm, within its Bureau of Industry, Security, Import and Export Control, to enforce export control regulations through investigative measures, such as interrogation, seizure and detention of relevant items, assets, documents and facilities.…
On October 26, 2026, China’s Ministry of Commerce (“MOFCOM”) published the draft Special Provisions on the Protection of Chinese Trade Secrets, introducing a new sanctions tool targeting foreign infringement of Chinese trade secrets. Once finalized, the rules would authorize MOFCOM to impose sanctions on foreign companies, organizations and individuals where such infringement harms, or poses an actual threat to, China’s sovereignty, security or development interests. MOFCOM may initiate investigations before imposing sanctions, and third parties…