EAR

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On January 11, 2021, the Department of Commerce published in the Federal Register adjustments for each civil monetary penalty under which its bureaus and agency operate by law.  The Federal Civil Penalties Inflation Adjustment Act of 1990 authorizes such adjustments “to ensure that [civil monetary penalties] continue to maintain their deterrent value and that [such…

The Commerce Department’s Bureau of Industry and Security (BIS) issued an interim final rule (“Rule”) extending the temporary 0Y521 series export controls on software specially designed to automate the analysis of geospatial imagery, issued in January 2020. The Rule, which applies to geospatial imagery software specially designed for training a “Deep Convolutional Neural Network” to…

Key Notes:

  • Many products and software that use encryption are eligible for export without a license under U.S. export controls if certain requirements are followed.
  • Mass market and other items described under License Exception ENC may be exported without a license if the exporter either: (1) confirms the product’s classification through BIS’s Commodity Classification Automated

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The Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule on December 28, 2020, in which it amended the Export Administration Regulations (EAR) to revise the Country Group designations for Ukraine, Mexico and Cyprus.  The EAR designates countries in Country Groups (A, B, D and E) which reflect each country’s export…

On December 23, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule in the Federal Register that removes Hong Kong as a “separate destination” under the Export Administration Regulations (EAR). This rule follows U.S. Secretary of State Michael Pompeo’s May 2020 announcement that Hong Kong no longer warrants treatment…

On December 23, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice in which it amends the Export Administration Regulations (EAR) by adding a new Military End User (MEU) List. This list identifies entities that BIS has determined are military end users for purposes of the “military end…

On December 22, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued formal notification in the Federal Register of its addition of 77 entities to its Entity List. BIS determined that these entities are “engaging in or enabling activities contrary to U.S. national security and foreign policy interests.”  While these listings were…

On December 18, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a brief press statement announcing that it has “added” more than 60 entities to the Entity List, including Chinese company Semiconductor Manufacturing International Corporation (SMIC), in order to “protect U.S. national security.” The Chinese companies include entities that enable human…

On December 14, 2020, the State Department announced that the United States was rescinding Sudan’s designation as a State Sponsor of Terrorism. The brief statement indicated that this removal “represents a fundamental change in our bilateral relationship toward greater collaboration and support for Sudan’s historic democratic transition. This achievement was made possible by the efforts…

In an early confidential draft of a proposed rule that BIS has shared with a technical advisory committee of industry representatives, trade press is reporting that the Department of Commerce’s Bureau of Industry and Security (BIS) may seek to restrict export transactions with 89 Chinese and 28 Russian companies that are owned or controlled by…