I was recently quoted in Business Weekly Taiwan about the U.S. Department of Commerce’s newly released semiconductor export controls to China. The article examines the impact of the new regulations on Chinese American individuals working in semiconductor businesses.

Continue Reading New Semiconductor Export Controls to China

On October 20, the Committee on Foreign Investment in the United States (CFIUS) released new, non-binding Enforcement and Penalty Guidelines (Guidelines). The Guidelines follow upon last month’s Executive Order linking CFIUS reviews directly to the president’s national security prerogatives. In particular, the Guidelines detail the following:

  • Categories of conduct that constitute violations.
  • Sources of information CFIUS relies upon to determine whether a violation has occurred.
  • The process for developing and imposing penalties.
  • Aggravating and mitigating factors that CFIUS evaluates when deciding whether to impose a penalty.

Continue Reading New CFIUS Guidelines Reflect Shift in Enforcement Posture

Unbelievably, after the 11th Circuit narrowed the nationwide injunction issued by the Southern District of Georgia on August 30, which took effect when the court issued its mandate on October 18, the government began preparing to enforce the vaccine mandate against contractors not covered by one of the six district court injunctions.

Continue Reading IT’S ALIVE! The Government Contractor Vaccine Mandate, Back for One More Round

On October 7, the Department of Commerce, Bureau of Industry and Security (BIS), announced new controls on exports to China related to semiconductors. BIS also added 38 Chinese entities to the Unverified List (UVL) and established new criteria for adding entities to the Entity List. Specific details of these rules, particularly the expansive action regarding semiconductors, are laid out below.

Continue Reading Commerce Issues Two Rules Impacting China Exports, Parties

The Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, touted as “America’s Seed Fund,” seek to foster a healthy environment for small business startups to innovate and provide a path to private-sector commercialization of new technologies.

Continue Reading SBIR Program Survives Programmatic Dissolution (With Some Changes)

I will present “SBA All Small Mentor Protégé Program Joint Ventures” for the Maryland Procurement Technical Assistance Center (Maryland PTAC). In this two-hour presentation, you will learn the ins and outs of the popular Mentor Protégé Program and get answers to these, and many more, questions.

Continue Reading Register Now | SBA All Small Mentor Protégé Program Joint Ventures

I will join Brian Mulier (Bird & Bird LLP) and Keith Huffman (SAP) to present a workshop titled “A Multi-Jurisdictional Discussion of Export Controls on China, Russia and Belarus: Contrasting US, UK and EU Restrictions” on Monday, November 14 from 1:30-5:00 pm at the London Forum on Global Economic Sanctions being held at the Millennium Gloucester Hotel.

Continue Reading Register Now | A Multi-Jurisdictional Discussion of Export Controls on China, Russia and Belarus: Contrasting US, UK and EU Restrictions

I will join Lexia Krown, Vice President Global Trade Compliance at ESAB Corporation to present a workshop titled “The Ins and Outs of EAR Licensing Exceptions: How to Determine If, When and How They Apply” on Thursday, October 20 from 1:00-4:30 pm  ET as part of the ACI Proficiency Series: Export Administration Regulations.

Continue Reading Register Now | The Ins and Outs of EAR Licensing Exceptions: How to Determine If, When and How They Apply

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, October 3. This post supplements our previous summaries, which are available by following the links at the end of this blog post.

Commerce Adds Iranian Aircraft to List of Aircraft Operated in Violation of the EAR

On September 19, the Commerce Department’s Bureau of Industry and Security (BIS) updated its growing list of aircraft that have flown into Russia and/or Belarus in apparent violation of the Export Administration Regulations (EAR). As discussed previously, these aircraft are essentially off limits for any person to service (or operate), given that nearly any dealing with respect to such an aircraft would violate General Prohibition 10 of the EAR.

Continue Reading Russia, Ukraine: Update as of October 3

On September 15, President Biden announced the issuance of Executive Order (EO) 14083 to sharpen the focus of inbound investment screening by more formally tying the role of the Committee on Foreign Investment in the United States (CFIUS or the Committee) to the president’s national security prerogatives. For the first time since the Committee was established in 1975, the EO provides formal presidential direction delineating five specific factors for the Committee to consider when reviewing foreign acquisitions of U.S. companies.

Continue Reading A First! President Hones Government’s Foreign Investment Review

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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