Export Controls

The Trump administration is preparing a sweeping new export-control regime that would restrict shipments to China of any product made with, incorporating, or enabled by U.S. software—a marked escalation of Washington’s technology containment strategy.

A federal court has ruled that the U.S. Department of Commerce’s Bureau of Industry and Security failed to justify withholding internal records related to the designation of two Chinese companies to the Entity List, rejecting the agency’s reliance on Freedom of Information Act exemptions and ordering further disclosure.

The Senate Foreign Relations Committee on Wednesday advanced the AUKUS Improvement Act of 2025, a bipartisan bill to accelerate defense industrial cooperation with Australia and the United Kingdom. The move comes as a new industry report warns that existing U.S. export control rules are still hindering full implementation of the AUKUS security pact one year after key reforms took effect.

The European Parliament has released a warning that the EU must move beyond its current coordination model and adopt more centralized and proactive export controls over sensitive technologies.

On Oct. 7, a special chamber of the Amsterdam Court of Appeal allowed the Dutch Ministry of Economic Affairs to proceed with the ouster of Nexperia CEO Zhang Xuezheng, a Chinese national, whom Dutch authorities said was moving to relocate the semiconductor company’s intellectual property to China. 

President Donald Trump responded on Friday to China's plans to limit exports of certain rare earth minerals with two lengthy social media posts accusing Xi Jinping's government of "lying in wait" throughout trade talks this year and promised reprisals. Citing what he described as China’s “hostile” actions, Trump announced a 100 percent tariff on all Chinese imports, “over and above any Tariff that they are currently paying.” ”

A new report from the Center for Strategic and International Studies (CSIS) cautions that U.S. export controls on semiconductor design software, while curbing China’s access to advanced technologies, may also erode U.S. firms’ long-term market position.

The House Select Committee on the Chinese Communist Party released a detailed report warning that Beijing’s dependence on foreign semiconductor manufacturing equipment (SME) is a “critical chokepoint” that must be preserved.

The Commerce Department’s Bureau of Industry and Security (BIS) has added 29 parties to the Entity List, citing diversion of U.S.-origin items to Iran and procurement of components for unmanned aerial vehicles used by Iranian proxies. The additions, effective October 8, 2025, cover 26 entities and three addresses in China, Turkey, and the United Arab Emirates.

The Trump administration has endorsed the AUKUS defense pact with the United Kingdom and Australia, keeping intact plans to transfer Virginia-class nuclear submarines to Canberra beginning in 2032, …

The Commerce Department’s Bureau of Industry and Security (BIS) has renewed the temporary denial order (TDO) against Ural Airlines JSC, extending the carrier’s export-privilege ban for one year.

The U.S. Department of State has revised its export policy for military drones, aligning the review process for unmanned aerial systems (UAS) with that for crewed fighter aircraft. The move, announced September 15, marks a significant departure from prior restrictions under the Missile Technology Control Regime.

The Commerce Department’s Bureau of Industry and Security (BIS) has issued a final rule rescinding the April 30, 2024 Firearms Interim Final Rule (IFR), reversing most of the additional licensing and documentation burdens imposed on firearms exports. The only portion of the IFR retained is the creation of four new Export Control Classification Numbers

The Commerce Department’s Bureau of Industry and Security (BIS) has issued an interim final rule expanding U.S. export restrictions to cover foreign affiliates majority-owned by entities already subject to end-user controls. The rule aligns the Export Administration Regulations (EAR) with the Treasury Department’s longstanding “50 percent rule” applied to sanctioned parties.

The State Department's Directorate of Defense Trade Controls (DDTC) has both expanded the International Traffic in Arms Regulations (ITAR) through sweeping amendments effective September 15, 2025, and set forth a regulatory agenda signaling further expansion of the U.S. Munitions List (USML) over the next 12 months.

The Stockholm International Peace Research Institute (SIPRI) has released a report recommending expanded and harmonized measures to regulate the global trade in spyware and other cyber-surveillance tools. The study warns that unchecked proliferation and misuse of such technologies pose growing threats to human rights and national security.

The United States risks “losing the AI race” unless it urgently strengthens export-control enforcement with real-time intelligence support, Christian Chung warned in a new analysis for the Lawfare Institute.

The Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule adding 32 entities to the Entity List and revising dozens of existing entries, effective September 12, 2025 (publication slated for September 16).

The European Commission has adopted a Delegated Regulation updating the EU’s dual-use export control list, aligning it with decisions taken in 2024 by the Wassenaar Arrangement, Missile Technology Control Regime (MTCR), Australia Group, and Nuclear Suppliers Group.

 Christopher Stagg, the head of Holland & Knight's Export Control Disputes and Advocacy Team,  played a considerable role in shaping the International Traffic in Arms Regulations and the Export Administration Regulations as we know them today.  Stagg then became the first – and to date, only – litigator to successfully challenge the Directorate of Defense Trade Controls' interpretation of the ITAR in a federal appeals court in 2020 with the Second Circuit's decision Stagg P.C. v. U.S. Department of State. The Export Practitioner caught up with the trailblazing attorney over Independence Day weekend.

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