Licensing

A year ago, a breakthrough was expected in the U.S.-Cuba economic relationship when the Biden administration approved the first OFAC license allowing direct investment in and direct financing to a privately-owned Cuban company. However, no funds have been delivered, due to a lack of regulatory framework by the Cuban government, and conviction in Washington is lacking.

Directorate of Defense Trade Controls (DDTC) has released new frequently asked questions (FAQs) regarding the Open General License (OGL) Pilot Program. In addition, DDTC has released updated versions of previously published OGL FAQs and related factsheet

The intersection of information technology (IT) and trade control brings to light the critical role of importing and exporting technical data in today's globalized world. The maxim "Where there is an …

Commerce’s Bureau of Industry and Security (BIS) has imposed a $300 million civil penalty on Seagate Technology LLC and its Singapore subsidiary for alleged violations of U.S. export controls related to selling hard disk drives (HDDs) to Huawei Technologies Co. Ltd. This penalty is the largest standalone administrative penalty in BIS history and includes a multi-year audit requirement and a five-year suspended Denial Order.

Assistant Secretary of Commerce for Export Enforcement Matt Axelrod issued an update to prior guidance on voluntary self-disclosure of possible violations of Export Administration Regulations (EAR) and disclosures about possible EAR violations by others.    The most significant change is that while self-disclosure continues to be considered a mitigating factor, the policy now clarifies that deliberate non-disclosure of significant violations will be considered an aggravating factor, increasing potential penalties.

The Bureau of Industry and Security (BIS) is soliciting further comment on control measures for automated peptide synthesizers. Peptides and polypeptides are chains of amino acids, and proteins are composed of one or more large chains of polypeptides.   

Despite US sanctions on Russia following the invasion of Ukraine, hundreds of millions of dollars' worth of US-made semiconductors continue to flow into Russia through circuitous routes, according to reporting in Nikkei Asia.   A large portion of these chips are channeled through small traders in Hong Kong and mainland China.

Microsoft has agreed to pay $3.3 million to settle potential civil liability relating to exporting services or software to comprehensively sanctioned jurisdictions and Specially Designated Nationals (SDNs) in violation of OFAC's Cuba, Iran, Syria, and Ukraine-/Russia-Related sanctions programs.

An Estonian national has been indicted on eighteen counts related to conspiracy and other charges, including the procurement of sensitive US-made electronics for the Russian government and military. He engaged in this conduct despite being listed on the US Department of Commerce-maintained "Entity List," which designates individuals and companies barred from exporting items from the United States without a license.

The Automated Export System has been modified to report shipments governed by last Fall's Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use Rules.

This rule adds the destination of Macau to the scope of the Regional Stability (RS) controls that were implemented specific to China in the October 7 advanced computing and semiconductor manufacturing equipment rule. …

The Bureau of Industry and Security (BIS) published the final rule to amend the Export Administration Regulations (EAR) to reflect decisions made at Australia Group (AG) Virtual Implementation …

ITAR §127.12 describes the information which should accompany a voluntary disclosure. Historically, respondents to this information collection submitted their disclosures to DDTC in writing via …

 DDTC has launched a pilot program pursuant to its authorities in ITAR § 120.22(b) in order to assess the concept of an Open General License (OGL) mechanism by which it may authorize …

Comments sought regarding areas and priorities for U.S. and Japan export control cooperation to help inform the work of the Japan-U.S. Commercial and Industrial Partnership (JUCIP) Export Control …

Following the Secretary of State’s certification to Congress that the Republic of Cyprus meets the statutory requirements to remove the policy of denial for exports, re-exports, and transfers …

DDTC temporarily suspended for a period of six (6) months the applicability of § 120.11(c) of the International Traffic in Arms Regulations (ITAR) for certain capacitors described in U.S. …

The Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, aka “Team Telecom” has recommended that the Federal Communications …

The year’s final meeting of the BIS Regulations and Procedures Technical Advisory Committee (RAPTAC) afforded participants a high-level overview of what industry comments on October’s …

The guidelines are intended to provide an overview of an effective compliance program and an introduction to defense trade controls, including information on the laws and regulations the U.S. …

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