Today, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published a final rule adding seven Chinese entities to the Entity List. The U.S. government determined these seven entities, primarily supporting the Chinese aerospace and space industries, had acted “contrary to national security and foreign policy interests of the United States.” BIS stated that the entities were acquiring or attempting to acquire U.S.-origin items to support China’s military modernization campaign. These seven entities bring the total number of listed Chinese entities to approximately 600.
Continue Reading Commerce Targets Chinese Military-Civil Fusion Program as Seven Chinese Entities Added to the Entity List
International Trade
Russia, Ukraine: Update as of August 9
By Mi-Yong Kim, Thad McBride & Sylvia Yi on
Posted in International Trade, Sanctions (OFAC)
The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Tuesday, August 9. This post supplements our previous summaries, which are available by following the links at the end of this blog post.
Treasury Targets Broad Range of Entities in Recent Round of Sanctions
On August 2, acting pursuant to Executive Order 14024, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) announced sanctions designating members of the Russian elite, a multinational corporation, and sanctions evaders.…
Chipping Away at Trade: New Tool Could Bring Big Changes
By Thad McBride & Todd Overman on
Posted in Government Contracts, International Trade
On August 9, President Biden plans to sign the CHIPS and Science Act into law in the White House Rose Garden. The bill provides $52.7 billion in subsidies and incentives to domestic semiconductor manufacturers to strengthen existing supply chains and better compete with China. While details of the bill have been debated as the legislation has gone through multiple rounds of revisions and edits, elected officials have remained focused on the goal of enacting a bill that ensures funding to promote domestic rather than non-U.S. business. To realize those ambitions, the legislative authors took a page from the Committee on Foreign Investment in the United States’ (CIFUS) playbook, producing a quasi-outbound investment screening mechanism that could bring big changes.
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Continue Reading Chipping Away at Trade: New Tool Could Bring Big Changes
FedEx Held Liable for Act Done Unwittingly and Unknowingly
By Mi-Yong Kim on
Posted in International Trade
On July 8, the United States Court of Appeals for the District of Columbia upheld a lower court’s ruling dismissing a complaint from Federal Express Corporation (FedEx) and holding it liable for violating the Export Control Reform Act of 2018 (ECRA) even though the common carrier had been completely unaware of its violation. On appeal, FedEx unsuccessfully argued the Department of Commerce’s strict liability interpretation of 15 C.F.R. § 764.2(b) is ultra vires – a clear overstep of statutory authority.
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Continue Reading FedEx Held Liable for Act Done Unwittingly and Unknowingly
Russia, Ukraine: Update as of July 7
By Mi-Yong Kim, Thad McBride & Sylvia Yi on
Posted in International Trade, Sanctions (OFAC)
The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Thursday, July 7. This post supplements our previous summaries, which are available by following the links at the end of this blog post.
Commerce Department Continues to Target Airlines, Entities; OFAC Extends Sanctions to New Parties, Imports of Gold
On June 24, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued Temporary Denial Orders (TDOs) against an additional three Russian airlines: Nordwind Airlines, Pobeda Airlines, and S7 Airlines. BIS cited apparent ongoing violations of the comprehensive export controls imposed on Russia. Under these TDOs, the airlines are banned from participating in transactions subject to the Export Administration Regulations (EAR), including exports from the United States and re-exports from abroad. The TDOs initially run for 180 days but will likely be extended.…
Russia, Ukraine: Update as of June 6
By Sylvia Yi, Thad McBride & Mi-Yong Kim on
Posted in International Trade, Sanctions (OFAC)
The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Monday, June 6. This post supplements our previous summaries, which are available by following the links at the end of this blog post.
Commerce Department Issues Final Rule Refining the Export Administration Regulations and Improving Transparency in Export Enforcement Cases
EAR Amendments and Clarifications
On June 2, the U.S. Commerce Department, Bureau of Industry and Security (BIS) issued a final rule refining certain provisions of the Export Administration Regulations (EAR).
Several portions of the rule expand and refine the EAR restrictions related to Russia and Belarus.…
Russia, Ukraine: Update as of June 1
By Sylvia Yi, Thad McBride & Mi-Yong Kim on
Posted in International Trade, Sanctions (OFAC)
The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Wednesday, June 1. This post supplements our previous summaries, which are available by following the links at the end of this blog post.
Commerce Department Issues Temporary Denial Order against Rossiya, the Fifth Russian Airline to Face Export Restrictions
On May 20, the U.S. Commerce Department, Bureau of Industry & Security (BIS) issued a temporary denial order (TDO) against Rossiya citing ongoing violations of the comprehensive U.S. export controls imposed on Russia. Rossiya is headquartered in St. Petersburg and, according to BIS, has operated multiple U.S.-origin aircraft subject to the Export Administration Regulations (EAR) into and out of Russia without the required BIS authorization.…
Russia, Ukraine: Update as of May 9
By Sylvia Yi, Thad McBride & Mi-Yong Kim on
Posted in International Trade, Sanctions (OFAC)
The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Monday, May 9. This post supplements our previous summaries, which are available by following the links at the end of this blog post.
Commerce Department Adds to Restrictions, Imposes Licensing Requirements on More Russia Exports
On May 9, the U.S. Commerce Department, Bureau of Industry & Security (BIS) announced further restrictions on exports to Russia of items deemed to support Russian military capabilities. Under the rule, the Commerce Department has introduced licensing requirements on hundreds of items that, prior to the rule, would not have required a license for export to otherwise permitted Russian recipients. The items are classified by both Harmonized Tariff Schedule and U.S. Schedule B number. According to BIS, the action has been taken to more closely align the United States with European Union export restrictions related to Russia.…
Russia, Ukraine: Update as of May 5
By Sylvia Yi, Thad McBride & Mi-Yong Kim on
Posted in International Trade, Sanctions (OFAC)
The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Thursday, May 5. This post supplements our previous summaries, which are available by following the links at the end of this blog post.
Commerce Department Adds to List of Russia/Belarus-Owned Aircraft that Operated in Violation of the EAR
On April 28, the U.S. Commerce Department, Bureau of Industry & Security (BIS) added six more Utair aircraft to its list of aircraft that have flown into Russia and/or Belarus in violation of the Export Administration Regulations (EAR). With these additions, BIS now has 159 aircraft on the list. BIS issued an initial list on March 18 and updated the list on March 30, April 8, April 14, and April 21.…
Russia, Ukraine: Update as of April 27
By Sylvia Yi, Thad McBride & Mi-Yong Kim on
Posted in International Trade, Sanctions (OFAC)
The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Wednesday, April 27. This post supplements our previous summaries, which are available by following the links at the end of this blog post.
Commerce Issues Temporary Denial Order Against Russian Cargo Airline
On April 21, the U.S. Commerce Department, Bureau of Industry & Security (BIS) issued a temporary denial order (TDO) against Aviastar, citing ongoing violations of the comprehensive export controls imposed on Russia by the Commerce Department. Aviastar is headquartered in Moscow and provides various cargo services to Russia. Aviastar joins Russian airlines Aeroflot, Utair, and Azur Air, which are already subject to TDOs. See our April 7 blog on previously issued TDOs.…