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On February 24, 2020, the US Commerce Department’s Bureau of Industry and Security (BIS) issued a rule that significantly expands the scope of US export controls on Russia and Yemen. The new trade restrictions on Russia have been imposed due to “proliferations…
On February 20, 2020, the US Office of Foreign Assets Control (OFAC) issued two new FAQs on the Reporting Procedures and Penalties Regulations (RPPR), 31 CFR part 501. The FAQs follow OFAC’s June 2019 amendments to the RPPR, which significantly expanded the requirement for US persons (and in some circumstances non-US persons subject to OFAC’s regulatory jurisdiction) to report blocked property, unblocked property, or rejected transactions to OFAC.
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The Council of the European Union recently adopted a Decision amending Council Common Position 2008/944/CFSP of December 8, 2008 defining common rules governing control of exports of military technology and equipment. The new Council Decision takes account of the developments at EU and international level since the adoption of the original 2008 Common Position. The Council Decision is accompanied by Conclusions and an updated version of the User’s Guide to Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment.…
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Steptoe’s Brian Egan and Peter Jeydel authored a Feature Comment in The Government Contractor, a Thomson Reuters publication, discussing the provisions of the Export Control Reform Act of 2018 that are most likely to have a lasting impact on industry. US and international companies should take careful note of the enduring changes to export …
Yesterday the US Department of Commerce’s Bureau of Industry and Security (BIS) took its first step towards a potentially significant expansion of US export controls by publishing a Federal Register notice soliciting public comments on how the US government should regulate the export of “emerging technologies.” Under the Export Controls Reform Act of 2018 (ECRA), “emerging and foundational technologies” will be subject to additional export controls and will trigger heightened foreign investment reviews for US companies that produce or develop these technologies. Commerce has requested public comments on the “criteria for defining and identifying emerging technologies” by December 19, 2018. Commerce will begin a separate comment process regarding “foundational technologies” at a later date.
Export Controls
BIS regulates the export of “dual-use” and less sensitive military items through the Commerce Control List (CCL) and the Export Administration Regulations (EAR). Section 1758 of the ECRA, enacted in August 2018 as a part of the National Defense Authorization Act for Fiscal Year 2019, requires BIS to establish “appropriate controls” for the export, re-export, or in-country transfer of “emerging and foundational technologies” that “are essential to the national security of the United States” but are not yet subject to US export controls. While Commerce will have the discretion to set the level of export controls for any identified emerging and foundational technologies, at a minimum it must require a license for the export of these technologies to countries subject to a US arms embargo. (Section 126.1 of the International Traffic in Arms Regulations (ITAR) identifies several countries, including China, currently subject to an arms embargo by the United States.)…
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On January 29, 2018, partner Meredith Rathbone was featured on Steptoe’s Cyberlaw Podcast to discuss the third round of the Wassenaar agreements and dual-use controls. Meredith’s segment begins at the 1:20 mark.
For more information, please visit Steptoe’s Cyberlaw Podcast on the Steptoe Cyberblog.
On October 12, 2016, the State Department’s Directorate of Defense Trade Controls (DDTC) and the Commerce Department’s Bureau of Industry and Security (BIS) published companion final rules to amend Category XII of the United States Munitions List (USML) and move some less sensitive items to the Commerce Control List (CCL). The final rules will become…
On October 31, 2016, the Department of Defense (DoD) published a proposed rule entitled, Withholding of Unclassified Technical Data and Technology from the Public Disclosure. Public comments must be submitted by December 30, 2016.
The proposed rule establishes DoD policy, assigns responsibilities, and prescribes procedures for the circulation and withholding of certain unclassified technical…
On September 28, 2015 the European Commission (the Commission) unveiled a proposal to “modernize and strengthen” the European Union’s (EU) dual-use export control regime pursuant to Regulation (EC) No. 428/2009 (the Regulation). As noted in our previous advisory, a version of the Commission’s proposal was leaked in July, causing concern from industry and other …
On September 8, 2016, the US Department of State’s Directorate of Defense Trade Controls published a final rule to amend the International Traffic in Arms Regulations. This rule clarifies and finalizes changes from a June 3, 2016, interim final rule related to the definitions of “export,” “re-export” and “retransfer.”
The preamble of the final rule …
