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New CITBA Article – An Overview of China’s New Export Controls Regime

Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce that our article, “An Overview of China’s New Export Controls Regime” was published by the Customs and International Trade Bar Association (CITBA) in its Summer 2021 newsletter.

Our article discusses China’s new export control regime. The new framework is similar in many ways to U.S. export licensing mechanisms. The framework is seen by many as a mechanism to counter increasing U.S. export controls towards China as part of escalating U.S.-China tensions.

Below is the article for your reading pleasure.

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By |2021-07-20T12:03:32-04:00July 20, 2021|Best Practices, China, EAR, Export, International Trade, ITAR, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce (DOC), U.S. Department of State (DOS), U.S. Office of Foreign Assets Control (OFAC)|0 Comments
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Do’s and Don’ts of Filing a Commodity Jurisdiction Request

Co-Authored by Sharath Patil

An Introduction to Export Controls

Over 95% of the world’s consumers are outside of the United States. Opportunities abound for U.S. companies that export. However, exporting is a privilege and not a right. U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”), and the International Traffic in Arms Regulations (“ITAR”). Violations of export control laws carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned for violations of U.S. export control laws.

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By |2021-07-22T11:10:43-04:00June 22, 2021|China, Cuba, EAR, EEI, Export, International Trade, IRAN, ITAR, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce (DOC), U.S. Office of Foreign Assets Control (OFAC), venezuela|0 Comments
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ACE: Auditing Your Export History

Co-Authored by Sharath Patil

If a company or individual believes they have violated export control regulations and the U.S. government is unaware of this violation, proactively and voluntarily disclosing the potential wrongdoing can substantially reduce penalties. A key component of filing a successful voluntary self-disclosure (“VSD”) is uncovering and providing the correct data. Diaz Trade Law has significant experience analyzing ACE export data to evaluate your export compliance and submit successful VSDs that substantially mitigate penalties.

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By |2021-07-22T12:07:07-04:00May 13, 2021|ACE, Best Practices, EAR, EEI, Export, HTS, International Trade, ITAR, Supply Chain, U.S. Bureau of Industry and Security (BIS), U.S. Census Bureau|0 Comments
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Exporting 101 – Introduction to Export Controls

On April 30, 2021, the Bureau of Industry and Security (“BIS”) announced that it had fined FLIR Systems, Inc. $307,922 for an egregious violation of the Export Administration Regulations (“EAR”) for misrepresentations made in commodity jurisdiction (“CJ”) requests. A BIS spokesperson said: “BIS will not tolerate exporters that provide inaccurate or incomplete representations related to export regulations and laws.”

This recent announcement is a textbook example of why it is important to obtain counsel and be  both proactive and truthful in regards to your export compliance. Whether you are new to exporting or looking to understand the foundations of export controls, including a discussion of recent penalty cases like FLIR’s (so they do not happen to you), or a seasoned professional looking to understand the latest developments, this one-hour webinar is a must attend. Register today to hear directly from the following expert duo:

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By |2021-07-22T12:09:07-04:00May 7, 2021|EAR, EEI, Export, International Trade, ITAR, U.S. Bureau of Industry and Security (BIS), U.S. Census Bureau, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Office of Foreign Assets Control (OFAC)|0 Comments
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BIS Publishes First Military End User List

In a Final Rule, published on December 23, 2020, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) amended the Export Administration Regulations (“EAR”) by creating a “Military End User (MEU) List”. The list includes the first tranche of 103 entities consisting of 58 military end-users in China and 45 in Russia. BIS determined that these companies are ‘military end users’ for purposes of the ‘military end user’ control in the EAR that applies to specified items for exports, reexports, or transfers (in-country) to China, Russia, and Venezuela when such items are destined for a prohibited ‘military end user.’

Prior to this final rule, exporters, reexporters, or transferors were responsible for identifying these entities as ‘military end users’ themselves, assuming they were not otherwise individually informed. The MEU List (which is now searchable on the consolidated screening list) allows the public to be informed of BIS’s determination so all potential exporters are informed simultaneously.

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By |2021-01-28T16:05:26-05:00January 28, 2021|China, China Trade War, EAR, Export, ITAR, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce (DOC), U.S. Department of State (DOS), U.S. Office of Foreign Assets Control (OFAC)|0 Comments
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White House Releases National Strategy for Promoting and Protecting Critical Technologies

Co-Authored by Sharath Patil

White House Releases Critical Technologies Report

Last month, the White House released a landmark report titled the “National Strategy for Critical and Emerging Technologies.” The report outlines how the United States will promote and protect our competitive edge in fields such as artificial intelligence, energy, quantum information science, communication and networking technologies, semiconductors, military, and space technologies.

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By |2020-12-01T14:52:51-05:00December 1, 2020|301 INVESTIGATIONS, China, China Trade War, EAR, Export, ITAR, U.S. Bureau of Industry and Security (BIS), U.S. Department of State (DOS)|2 Comments
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Expanded Export Control Obligations when Exporting to China

Co-Authored by Sharath Patil, a trade policy researcher in Washington, DC, with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

Introduction

U.S. export controls refer to a set of federal laws which restrict the export of certain sensitive goods, technologies, information and services. Export controls are primarily enforced through two U.S. government agencies: the U.S. Department of Commerce (for Export Administration Regulations (“EAR”)) and the U.S. Department of State (for International Traffic in Arms Regulations (“ITAR”)). In recent months, U.S. export control laws have expanded exporters’ obligations when exporting critical technologies to China, as well as other sensitive export destinations such as Russia and Venezuela. In particular, U.S. laws on exporting critical goods to Hong Kong have changed; there is a greater requirement to exercise due diligence when exporting; the entity list has expanded; and filing requirements have changed. It is important for U.S. exporters to keep abreast of changes to export control laws in order to remain compliant and avoid serious penalties. We will explain each of these developments, in turn.

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By |2021-04-09T13:13:08-04:00August 24, 2020|AES, Best Practices, Customs Expert, EAR, EEI, Enforcement, Export, Import, Import Alert, International Business, International Law, International Trade, ITAR, U.S. Customs and Border Protection (CBP)|2 Comments
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