The Bureau of Industry and Security (BIS) is seeking comments on a proposed rule that would prohibit transactions involving Vehicle Connectivity System (VCS)[1] hardware and covered software designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction of China (including Hong Kong) or Russia. Comments will be due
Lizbeth Rodriguez-Johnson
BIS recommends new export screening best practice
On July 10, BIS released new guidance strongly encouraging companies involved in exporting, reexporting, or transferring (in-country) Common High Priority List (CHPL) items to screen transaction parties against the list maintained by the Trade Integrity Project (TIP) (in addition to the Consolidated Screening List).
TIP is an initiative of the UK-based Open-Source Centre that…
New U.S. sanctions and export controls target Russia and change screening expectations
On June 12, the Office of Foreign Assets Control (OFAC) and Bureau of Industry and Security (BIS) released new sanctions and export controls intended to further target Russia and Belarus, as well as those who transact with sanctioned entities and create diversion risks for export-controlled items.
New restrictions on certain IT and software services, effective…
DHS adds 26 China-based cotton traders and warehouse facilities to UFLPA Entity List
Effective May 17, the Department of Homeland Security (DHS) is adding 26 China-based cotton traders and warehouse facilities to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List based on the U.S. government’s reasonable cause to believe the entities source or sell cotton from China’s Xinjiang Uyghur Autonomous Region (Xinjiang). These companies will now be…
Biden blocks Chinese-owned crypto mining company from owning real property in Wyoming
President Biden issued an order requiring a Chinese-owned crypto mining company to vacate and sell certain real property and remove equipment from land in close proximity to Warren Air Force Base (AFB) in Cheyenne, Wyoming.
In June 2022, the crypto mining company acquired 12.06 acres within 1 mile of the Warren AFB, a strategic missile…
U.S. to continue Section 301 tariffs, adding or increasing tariffs on China’s high-tech “new three”
On May 14, the Office of U.S. Trade Representative (USTR) published its report on the four-year review of the Section 301 tariffs on Chinese-origin goods first imposed in 2018. The report concludes that the tariffs have been effective, but China has not yet eliminated the technology transfer-related acts, policies, and practices at issue in the…
OFAC to amend Reporting, Procedures and Penalties Regulations
On Friday, the Office of Foreign Assets Control (OFAC) published an interim final rule that will amend the Report, Procedures and Penalties Regulations, 31 C.F.R. Part 501, effective August 8, 2024. The updates include:
- Electronic filing and submission requirements: Filers will generally be required to use the electronic OFAC Reporting System (ORS) to submit (1)
Extended 10-year statute of limitations for sanctions enforcement
Although aid to Israel, Ukraine, and Taiwan made headlines last month when President Biden signed H.R. 815, the law also significantly expanded the scope of agencies’ enforcement authority under two key national security laws: the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA). Both now have 10-year civil…
BIS tightens controls on firearm and ammunition exports
Last fall, the Bureau of Industry and Security (BIS) paused its issuance of new export licenses involving certain firearms, related “parts,” “components,” and ammunition. On April 30, BIS will publish an interim final rule tightening controls of exports of these items. The interim final rule will take effect on May 30.
The interim final rule…
New export controls extend reach of U.S. sanctions
To expand the reach of U.S. sanctions, the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) on March 21 to require a license for the export, reexport, or transfer (in-country) of all items “subject to the EAR” when a party to the transaction is blocked under one of 14 U.S. sanctions…