Export Control

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On January 15, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule implementing further provisions of the Export Control Reform Act of 2018 by: (i) imposing additional export license requirements under the Export Administration Regulations (EAR) in connection with certain military-intelligence end uses and end users; (ii) clarifying…

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…

On December 31, 2020, the U.S. Department of Homeland Security’s Federal Emergency Management Agency (“FEMA”) published a temporary final rule (“Rule”) that extends and modifies the most recent rule issued on August 10, 2020 to continue to restrict the exports of the four categories of personal protective equipment (PPE) and respirators as well as a…

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…