Export Administration Regulations

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On September 29, the Bureau of Industry and Security (BIS) released an interim final rule expanding its controls under the Export Administration Regulations (EAR) to cover foreign entities owned directly or indirectly, individually or in aggregate, 50% or more by one or more persons listed on (1) the Entity List, (2) the Military End-User (MEU) List, or (3) the Specially Designated Nationals and Blocked Persons List (SDN List) designated under a program listed in 15 C.F.R. § 744.8(a)(1) (collectively, “Listed Persons”). BIS is referring to these new controls as the Affiliates Rule.

Exports, reexports, and transfers (in-country) to foreign entities captured by the Affiliates Rule will be subject to the most restrictive license requirements, license exception eligibility, and license review policy applicable to their owners. The Affiliates Rule is effective immediately.Continue Reading BIS adopts 50% rule to cover affiliates of listed entities

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…

Amid heightened tensions between the U.S. and China, the Ministry of Commerce of the People’s Republic of China recently announced measures to add Lockheed Martin Corporation and Raytheon Missiles & Defense to its Unreliable Entity List, which, amongst other things, bars both U.S. companies from import and export trade with China and any new investment…

On October 6, 2022, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) made four enhancements to its anti-boycott enforcement.
Continue Reading U.S. anti-boycott laws: companies’ foreign subsidiaries face enforcement clampdown

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) continues their campaign to increase corporate accountability and transparency measures and incentivize companies to invest in compliance programs by announcing four significant policy changes to the Export Administration Regulations (EAR). As our U.S. trade team outlines in their latest alert, these new policies, which…