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Update on Restrictions on U.S. Persons Activities Under the Biden Administration

On March 16, 2021, the Commerce Department’s Bureau of Industry and Security (BIS) implemented its interim final rule to apply certain provisions of the Export Control Reform Act of 2018 (ECRA). The rule imposes additional licensing requirements under the Export Administration Regulations (EAR) for exports, reexports, and in-country transfers and it expands restrictions on activities of U.S. persons, even when the relevant items are not subject to the EAR.

New Restrictions on Chinese Military Companies: What Exporters Need to Know

In early June, President Biden signed Executive Order 14032, “Addressing the Threat from Securities Investments That Finance Certain Companies of the People’s Republic of China.” This Executive Order (E.O.) recasts the Trump Administration Executive Order 13959 and places direction of the related sanctions program under the Treasury Department’s Office of Foreign Assets Control (OFAC).

When Is an Export Not an Export?

When we think of the term “export,” some typical images come to mind: a container on a truck or railroad well car, a cargo ship filled with steel containers or boxes and flats stowed in an airplane’s hold. It seems straightforward, right? In general, an export occurs when something is shipped or transmitted out of the United States. In addition to physical cargo, exports include other actions that may not seem as obvious.

The Easy Way to Stay Current on Changes to Export Regulations

If it seems like export compliance regulations change a lot, you’re right—they do. Sometimes minor tweaks are made, but in other cases, comprehensive changes occur with wide-ranging ramifications. Whether your company’s exports are governed by the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR) or other agencies, changes to regulations can come at any time and have a significant impact on your international business.