On September 28, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), alongside the UK, Australia, Canada, New Zealand (termed the “Export Enforcement Five” or “E5,”), as well as the EU, issued new guidance with recommended best practices to help prevent a list of “high-priority items” from being diverted to Russia. 

These

  • Key takeaway #1 Specific Guardrails Subject to Negotiation: The Final Rule indicates that more of the national security guardrails will be negotiated with the recipient, creating the opportunity for project specific agreements.
  • Key takeaway #2 Broader than the EAR: The CHIPS Act national security guardrails have some overlap with U.S.

The comment window for the Department of Commerce’s (“the Department”) proposed rules for Antidumping and Countervailing Duty (“ADCVD”) Regulations closed on July 10, 2023. Pursuant to its authority under Title VII of the Tariff Act of 1930, the Department proposed to amend its regulations to strengthen its enforcement of trade remedies by revising many of its