In December 2021, the United States, Australia, Denmark and Norway announced the Export Controls and Human Rights Initiative to address export controls and human rights particularly in the area of misuse of certain advanced technologies by authoritarian governments for surveillance and human rights abuses. See Update of December 14, 2021. Since that meeting, the
BIS Amends EAR to Explicitly Include Protection of Human Rights, Adds 11 Entities to Entity List
On March 28, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to confirm that the foreign policy interest of protecting human rights worldwide is a basis for adding entities to the Entity List. Specifically, this Final Rule amends 15 C.F.R. § 744.11 of the EAR regarding
OFAC Sanctions Individuals and Entities for Connections to Burma’s Military, Publishes Burma Jet Fuel Sanctions Alert
On March 24, 2023, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated and sanctioned six entities and two individuals connected to Burma’s military “that have enabled the military regime’s continuing atrocities.” The entities have been designated for operating in the defense sector of the Burmese economy, “specifically based on their involvement
BIS Issues Proposed Rule to Establish “Guardrails” to Prevent the Improper Use of CHIPS Act Funding
On March 23, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Notice of Proposed Rulemaking implementing measures to prevent the improper use of CHIPS Act Incentives Program funding. Described as “guardrails,” the proposed rules are intended to ensure technology and innovation funded by the Creating Helpful Incentives to Produce Semiconductors
Treasury Issues Proposed Rule to Clarify the Advanced Manufacturing Investment Credit Established by the CHIPS Act
On March 23, 2023, the Department of the Treasury (“Treasury”) published a Notice of Proposed Rulemaking to implement the Advanced Manufacturing Investment Credit established by the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act (“CHIPS Act”). The CHIPS Act was enacted in August 2022 to incentivize the manufacture of semiconductors and semiconductor manufacturing
BIS Adds 32 Entities and Persons to Unverified List
On March 24, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule adding 32 persons and entities to its Unverified List (UVL). The UVL contains the names and addresses of foreign persons who are or have been parties to a transaction involving the export, reexport, or transfer (in-country) of
CIT Issues Decision Upholding USTR’s China Section 301 List 3 and List 4A Tariffs
On March 17, 2023, in the China Section 301 tariff relief litigation, the U.S. Court of International Trade (CIT) upheld in a major opinion the legality of the implementation of List 3 and List 4A tariffs by the Office of the U.S. Trade Representative (USTR) on imports of Chinese products into the United States. In
CBP Announces New BIS License Type Codes for China-Related Exports Involving Advanced Computing and Semiconductors
On March 15, 2023, U.S. Customs and Border Protection (CBP) announced that it has activated two new license codes for use in the Automated Export System (AES). These new codes are related to an Interim Final Rule published by the Department of Commerce’s Bureau of Industry and Security (BIS) on October 13, 2022, that
CBP Establishes Interactive UFLPA “Dashboard” to Provide Enforcement Statistics
On March 14, 2023, U.S. Customs and Border Protection (CBP) launched an interactive web page providing forced labor enforcement statistics under the Uyghur Forced Labor Prevention Act (UFLPA). CBP launched this “UFLPA statistics dashboard” to provide a single source of data on UFLPA enforcement actions. The dashboard provides information on the number of
Commerce, Justice and the Treasury Issue Joint Compliance Note on Evasion of Russia Sanctions and Export Controls
On March 2, 2023, the Departments of Commerce, Justice and the Treasury issued a joint Compliance Note cautioning financial institutions and multinational companies subject to U.S. jurisdiction to “be vigilant against efforts by individuals or entities to evade sanctions and export control laws.” The Compliance Note emphasizes the “unprecedented scope and scale” of sanctions against