Export Administration Regulations (EAR)

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On June 28, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Settlement Agreement with Patriot 3 Inc. – a Virginia-based military equipment company – for $200,000 after the BIS alleged that Patriot 3 violated Section 764.2(e) of the Export Administration Regulations (EAR). Specifically, BIS alleged that on October 2014, the…

On April 8, the Bureau of Industry and Security (BIS) issued a final rule that added the following seven Chinese entities to the Entity List:

  • National Supercomputing Center Jinan
  • National Supercomputing Center Shenzhen
  • National Supercomputing Center Wuxi
  • National Supercomputer Center Zhengzhou
  • Shanghai High-Performance Integrated Circuit Design Center
  • Sunway Microelectronics
  • Tianjin Phytium Information Technology

The entities…

On April 9, 2021, BIS issued an interim final rule to make corrections and changes to its January 15, 2021 interim final rule establishing new end-use and end-user controls with respect to certain military-intelligence end uses and end users.

Our prior updates on these restrictions can be found here and here.

In addition to…

On January 15, 2021, in the final days of the Trump Administration, BIS published an Interim Final Rule, Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons, also referred to as the Military Intelligence End User rule (“MIEU Rule”). It was set to be effective March 16, 2021…

In an update to our prior post published on March 8, the Bureau of Industry and Security (BIS) and State Department published additional actions against Russia in response to the poisoning of Aleksey Navalny on March 18. The new sanctions and export controls are summarized below.

Bureau of Industry and Security

The Secretary of…

In an update to our prior alert published last month, the Bureau of Industry and Security (BIS) has taken several additional actions further restricting Myanmar (Burma)’s access to items subject to the Export Administration Regulations (EAR).  Last month, BIS publicly stated it was considering additional export control restrictions and as predicted, on March 4, 2021,…

On March 2, 2021, the Biden Administration announced the intelligence community’s finding that Russia’s Federal Security Service (FSB) used a banned chemical nerve agent to poison Russian opposition leader, Aleksey Navalny.  Shortly following the White House’s press briefing, the Departments of State, Commerce, and Treasury issued press releases announcing new sanctions and export controls, summarized…

On December 23, the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to remove the People’s Republic of China (PRC or China) Special Administrative Region of Hong Kong from the list of destinations in the EAR.  The amendment implements Sections 2 and 3 of Executive Order 13936 of July 14, 2020,…

BIS remains busy during the closing days of the year. On December 18 and 21 the Department of Commerce issued several press releases announcing the addition of 77 entities to the Entity List, and for the first time, a Military End User List. The December 18 press releases (here and here) announced the…

In a press release issued August 20, 2020, the Bureau of Industry and Security (BIS) announced a final order imposing a fine of over $31 million against Singapore based Nordic Maritime Pte. Ltd. (“Nordic”) and its Chairman, Morten Innhaug (“Innhaug”).

Nordic was found to have violated the Export Administration Regulations (EAR) by using U.S. origin…