Category: EAR

Huawei Technologies and ZTE Corporation may both soon garner a new title – “Foreign Adversary”. For those unfamiliar with the title in the context of business and trade, “Foreign adversary” means any foreign government or foreign non-government person engaged in a long-term pattern or serious instance of conduct significantly adverse to the national security of…

Export classification can be tricky enough on its own, but add in encryption and you have a whole different ball game. I like to equate encryption to baseball, because putting something into an analogy helps me understand it better. An entire game of baseball from beginning to end can be really hard to sit through…

On August 30th, BIS published Due Diligence Guidance regarding exports, re-exports, and transfers to Pakistan. With the increased concern regarding Pakistan’s nuclear program and risks of diversion, BIS is urging companies to conduct additional due diligence when it comes to transactions destined for Pakistan. The guidance highlights supplemental licensing requirements, as well as best practices…

We all get stuck in our ways sometimes. Some of us have had the same hair since 1980, others of us can’t let go of that old sweatshirt from high school. Some have trouble embracing the latest fashion trends. Those things can all be overlooked, but your Compliance Manual should always embrace the latest regulations….

Capital One is famous for its slogan, “What’s in your wallet?”  But in the world of trade compliance officers, the pertinent question might be, “What’s in your compliance plan?” Earlier this year, OFAC published “A Framework for Compliance Commitments.”  This framework provides direction and insight into what the agency believes are essential elements of a…

The interim rule from the General Services Administration, the Department of Defense and NASA was published on August 7, 2019 and becomes effective today, August 13, 2019.  As a requirement of NDAA 2019, the rule prohibits federal agencies from purchasing telecommunications and video surveillance equipment, along with any “substantial or essential component of any system, or…

Discussions on the fringes of the G-20 Summit have apparently led to a potential lessening of the restrictions against Huawei and at least some of its affiliates.  These sanctions and the ensuing discussions certainly overshadowed the eight themes of the summit (Global Trade, Economy, Investment, Innovation, Environment and Energy, Employment, Women’s Empowerment, Development and Health). …

So, you think your computer is fast?  The U.S., China, the European Union and Japan are in a race to build exaflop-capable supercomputers.  These machines would be capable of processing 1 quintillion – or 1,000,000,000,000,000,000 – calculations per second.  In the latest action to help the United States in this race, on June 24, 2019,…

Passed on June 27, 2017, Article 7 of China’s National Intelligence Law defines that it is the responsibility that “All organizations and citizens shall support, assist, and cooperate with national intelligence efforts in accordance with law, and shall protect national intelligence work secrets they are aware of.” Article 10 affirms that, “As necessary for their…

After a delay due to the government shutdown, the U.S. government recently announced increases to civil penalties for export related violations. Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, civil penalties for export related violations should have increased on 3 January 2019. However, given the fact that the USG was…