The Bureau of Industry and Security (BIS) announced plans on May 13,2025, to rescind the Biden Administration’s AI diffusion export control rule, which was set to take effect on May 15. BIS will issue a formal rescission notice in the Federal Register and plans to introduce a replacement rule in the future. BIS enforcement officials
Export Controls
DOJ Declines Prosecution of Company for Employee’s Unlawful Export
By Jeffrey L. Snyder, Michael Atkinson, Anand Sithian, Jeremy Iloulian, Heather Sanborn & Dilan Wickrema on
Posted in Export Controls
On April 30, 2025, the U.S. Department of Justice (DOJ) announced it would not prosecute the Universities Space Research Association (USRA) for alleged violations of the Export Administration Regulations (EAR). This marks the DOJ’s second declination in the last twelve months under the National Security Division’s (NSD) Enforcement Policy for Business Organizations (NSD VSD Policy)…
President Trump Signs Executive Order Regarding U.S. Defense Trade
By Dilan Wickrema on
Posted in Export Controls
On April 9, 2025, President Trump signed and released an Executive Order (EO) to “improve speed and accountability” in the U.S. defense trade system and published an accompanying fact sheet. The EO identifies specific actions for executive branch agencies to take including: (i) reverting back to the Conventional Arms Transfer Policy that President Trump…
Improving Export Control Transparency Act Introduced to Increase Transparency Regarding the Approval of Exports to Specific Countries and End-Users
By Jeremy Iloulian & Dilan Wickrema on
Posted in Export Controls
On February 26, 2025, Senators Jim Banks (R-Ind.) and Mark Warner (D-Va.) introduced the Maintaining American Superiority by Improving Export Control Transparency Act (the Act) in the United States Senate. A companion bill titled the same was reintroduced in the United States House of Representatives on March 5, 2025, by Congressman Ronny Jackson…
China Technology Transfer Control Act Introduced to Strengthen Export Controls vis-à-vis China
By Jeremy Iloulian & Andrew J. Schlegel on
Posted in Export Controls
On February 7, 2025, Representative Mark Green (R-TN-7) introduced the China Technology Transfer Control Act, a bill which would restrict the export to the People’s Republic of China (“PRC”) certain “national interest technology” and intellectual property. According to a statement by Rep. Green, the bill is intended as a sign to “get serious about protecting…
Trump Sets Stage for Future Tariffs and Trade Actions
On his first day in office, President Trump rolled out a sprawling set of directives to the heads of numerous government agencies charged with shaping U.S. trade policy. While stopping short of enacting new tariffs, the Presidential Memorandum defining an “America First Trade Policy” lays the investigative groundwork for potentially sweeping changes to tariffs and…
Commerce Releases ANPRM to Bolster Drone Supply Chain Security
On January 2, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM) soliciting public input on securing the supply chain for unmanned aircraft systems (UAS). BIS seeks to address supply chain risks posed by the involvement of foreign adversaries in UAS-related information and communication…
BIS Amends Voluntary Self-Disclosure Process and Penalty Guidelines and Adds First-Ever Chief of Corporate Enforcement
On September 12, 2024, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued a final rule to amend the Export Administration Regulations (EAR) revising provisions related to the voluntary self-disclosure (VSD) process for persons who believe that they may have violated the EAR, or any order, license or authorization issued thereunder. The…
ITAR and EAR Proposed Rules Expand Controls on U.S. Person Services
On July 25, 2024, the U.S. Departments of State and Commerce issued new proposed rules that, if implemented, would (1) increase the restrictions associated with U.S. persons providing services in support of non-U.S. military-related end users / uses; and (2) implement new controls associated with exports, reexports, and transfers of items subject to the EAR…
Global Trade Talks – Expanded U.S. Sanctions and Export Control Authorities Included in the Ukraine, Israel, and Taiwan Aid Bills
In this session, hosts and International Trade Practice Leaders Nicole Simonian and Dj Wolff talk with Crowell lawyers Jeremy Iloulian and Laurel Saito about the significant new sanctions and export control authorities included in the recently enacted National Security Supplemental fiscal package. While this legislation is best known for providing U.S. foreign aid commitments for…