Akerman LLP added two partners to its ranks, with Matthew Goldstein joining the Washington, D.C.-based Government Affairs and Public Policy practice, and Andrew Dominguez joining the International Litigation and Arbitration practice in Miami, the firm announced.
Nearly a month after the U.S. announced new export controls on advanced computing and semiconductor equipment destined to China, lawyers and companies are still grappling with what they say is a complex set of regulations and are awaiting clearer government guidance on how and whether their activities are covered. The dense regulations, along with lengthy response times from the Bureau of Industry and Security, have caused firms to delay decisions on shipments until they can better understand their risks and BIS’s due diligence requirements, trade attorneys and industry officials said in recent interviews.
The Bureau of Industry and Security published its first set of frequently asked questions on its new China-related export controls (see 2210070049), covering the definition of semiconductor “facility” and offering guidance on certain U.S. persons requirements, license review policies and more.
The Bureau of Industry and Security recently sent a proposed charging letter to Seagate Technology alleging that it violated U.S. export controls by providing controlled items to a company on the Entity List. Seagate said the Aug. 29 letter accused it of violating the Export Administration Regulations by providing hard disk drives to the blacklisted company and its affiliates between August 2020 and September 2021.
The U.S. Attorney's Office for the District of Connecticut charged a group of European individuals and entities with violating U.S. export laws by trying to ship a dual-use export-controlled item to Russia, the office announced Oct. 19, the day after the indictment was unsealed. The investigation was coordinated by the Task Force KleptoCapture, an interagency group that also works with other countries to enforce U.S. sanctions.
The Bureau of Industry and Security on Oct. 19 completed interagency review for a final rule that would implement certain export control decisions made during the 2021 Wassenaar Arrangement cycle. The rule, sent for review Aug. 4 (see 2208080021), will revise the Commerce Control List and corresponding parts of the Export Administration Regulations, including License Exception Adjusted Peak Performance, BIS said.
The Bureau of Industry and Security this week renewed the temporary denial order for Moscow-based air cargo carrier Aviastar. BIS first suspended the export privileges of the Russian cargo charter airline in April (see 2204210043), barring it from participating in transactions with items subject to the Export Administration Regulations. The agency renewed the denial order for another 180 days after finding Aviastar continued to illegally operate aircraft subject to the EAR, including for flights between Russia and China.
The Bureau of Industry and Security issued a temporary denial order for Russian airline Ural Airlines after it violated U.S. export controls by flying multiple aircraft to Russia, BIS said. Under the order, Ural Airlines’ export privileges will be revoked for at least 180 days.
The State Department announced penalties on one person and three entities and their subsidiaries for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act. The agency in a notice said the parties transferred items subject to multilateral control lists that contribute to weapons proliferation or missile production. The State Department barred them from making certain purchases of items controlled on the U.S. Munitions List and by the Arms Export Control Act and will suspend any current export licenses used by the entities. The agency also will bar them from receiving new export licenses for any goods subject to the Export Administration Regulations. The restrictions will remain in place for two years from the Oct. 3 effective date.
The Bureau of Industry and Security received more than 150 questions ahead of its Oct. 13 public briefing on its new China-related export controls (see 2210070049) and plans to issue guidance for the restrictions on a rolling basis, senior BIS official Thea Kendler said during the briefing. She said guidance will include frequently asked questions that the agency will look to continually update on a “rolling” basis. “Let me assure you that we understand the need for speed in issuing FAQs,” Kendler said.