On December 7, 2023, Chairman Michael McCaul of the Foreign Affairs Committee in the House of Representatives released a 90-Day Review Report (the âReportâ) of the US Bureau of Industry and Security (âBISâ), the agency tasked with administering the Export Administration Regulations (15 C.F.R Parts 730â774, the âEARâ) under the US Commerce Department. Chairman McCaul previously highlighted his plans for greater oversight of BIS at an October 2022 Atlantic Council event during which he stated…
On December 22, 2023, President Biden signed into law the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024 (P.L. 118-31). A must-pass piece of legislation that funds Department of Defense (“DoD”) operations on an annual basis, the NDAA is a frequent vehicle for trade-related provisions and legislative changes affecting DoD acquisition policies with direct implications for government contractors. The measure includes a number of provisions relating to US export controls, sanctions, and supply chain…
On October 17, 2023, the US Department of Commerceâs Bureau of Industry and Security (âBISâ) released two interim final rules (collectively, the âOctober 2023 IFRsâ available here and here) amending the Export Administration Regulations (the âEARâ) to further strengthen export controls on advanced computing items, semiconductor manufacturing equipment, and items that can support end uses related to the development and production of supercomputers, advanced-node integrated circuits and semiconductor manufacturing equipment. The long-awaited October 2023 IFRs…
Introduction During September 2023, the US, UK, and EU, and Japan, updated their Common High Priority Items Lists (“the List(s)”), with seven new Harmonized System (“HS”) codes. These coordinated Lists are composed of items identified as critical to Russia’s war effort, weapons systems and military development. The Lists highlight to businesses that there is a particularly high risk these sanctioned items may be the target of sanctions circumvention and possible diversion to Russia. Companies can…