On November 25, 2020, the State Department issued a Federal Register Notice announcing the imposition of nonproliferation measures against certain Chinese and Russian entities for the transfer of goods, services, or technology controlled under multilateral control lists (Missile Technology Control Regime, Australia Group, Chemical Weapons Convention, Nuclear Suppliers Group, Wassenaar Arrangement) or otherwise having the
Export Control
BIS Draft Rule Reportedly Lists, and May Further Restrict Exports with, Chinese and Russian Companies with Military Connections
By Scott E. Diamond** on
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…
BIS Proposes Controls on Another Emerging Technology: Genetic Element Design Software
By Scott E. Diamond** on
The Bureau of Industry and Security (BIS) has issued a proposed rule to add certain genetic element design software to the Commerce Control List. Specifically, on November 6, 2020, BIS issued a proposal to add “software” for the operation of nucleic acid assemblers and synthesizers already controlled under ECCN 2B352 that is capable of designing…
Commerce Further Revises License Review Policy for Certain Exports to China, Russia and Venezuela
On October 29, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice announcing further amendments to the Export Administration Regulations (EAR) to revise the license review policy for items controlled for national security reasons destined to the People’s Republic of China (PRC), Venezuela or the Russian Federation (Russia).…
President Trump Releases Report on Critical and Emerging Technologies
By Scott E. Diamond** on
On October 15, 2020, the White House released a report, “National Strategy for Critical and Emerging Technologies,” outlining steps the United States will take to preserve its competitive edge in certain critical and emerging technologies. Noting in a statement the importance of U.S. dominance in the science and technology sectors, the White House…
BIS Offers Opportunity for Six-Month Extensions of Export Licenses
By Scott E. Diamond** on
On October 16, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a notice announcing that exporters may request six-month validity period extensions for export licenses that are currently due to expire on or before December 31, 2020. Acting Under Secretary for Industry and Security, Cordell Hull stated, “The streamlined process will…
New CFIUS Critical Technology Mandatory Filing Requirements Take Effect October 15
Effective October 15, 2020, the Department of the Treasury’s September 15 final rule (“Rule”) will modify certain regulations of the Committee on Foreign Investment in the United States (CFIUS) pursuant to the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). In a previous blog post, we noted that the Rule would change the…
BIS Implements Controls on Water Cannons and Amends Licensing Policy to Address Human Rights Violations
By Scott E. Diamond** on
On October 6, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published two final rules in the Federal Register, “Controls on Exports and Reexports of Water Cannon Systems” (“Water Cannon Controls”) and “Amendment to Licensing Policy for Items Controlled for Crime Control Reasons,” (“Licensing Policy Amendment”)…
Commerce Issues New Export Controls on Emerging and Developing Technologies
By Scott E. Diamond** on
On October 5, 2020, the Department of the Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice in which it finalized export controls on six recently developed or developing technologies that are essential to the national security of the United States. The changes were made in accordance with the United States and…
BIS Adds 47 Entities to the Entity List Effective September 22
By Scott E. Diamond** on
In a Federal Register notice, the Department of Commerce’s Bureau of Industry and Security (BIS) has announced that effective September 22, 2020, it is adding 47 entities to its Entity List after determining these companies and persons to be acting contrary to the national security or foreign policy interests of the United States. The entities…