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Insights on National Security

123 total results. Page 1 of 5.

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        Alerts
        BIS Issues Long-Awaited FAQs on the Connected Vehicles Rule — But Questions About the Scope of the Rule Still Remain
        May 8, 2025
        Sylvia G. Costelloe, Maya S. Cohen

        On April 28, the US Department of Commerce, Bureau of Industry and Security (BIS) published the long anticipated Frequently Asked Questions (FAQs) regarding the January 16 Information and Communication Technology and Services (ICTS) Rule that prohibits the import and sale of connected vehicles and their related hardware/software with a sufficient Chinese or Russian nexus (“Securing the Information and Communications Technology and Services Supply Chain: Connected Vehicles.”)

        Alerts
        Taking Stock – Summary of BIS Actions From Fall 2024, and Peek at What Is Next Under the Trump Administration
        March 17, 2025
        Kay C. Georgi, Christopher H. Skinner, Derek Ha, Terry M. Frederic, Denny Peixoto, Maya S. Cohen, Jodi Tai, Sylvia G. Costelloe, James Kim*, William G. Stroupe II

        President Trump’s first months in office have been busy, but, in the export control world, we have been grateful for a brief respite from the mind-bending, hundreds-of-pages-long, industry-changing rules that the US Department of Commerce’s Bureau of Industry and Security (BIS) issued during the last stretch of President Biden’s term — sometimes more than one per day!

        Alerts
        Foreign National Travel Is Riskier Due to Maximum Visa and Admission Vetting and Restrictive Visa Interview Waiver Criteria
        March 6, 2025
        Berin S. Romagnolo, Nancy A. Noonan

        Foreign nationals and employers should plan all international travel more carefully and further in advance. This is not a travel ban but has opened the path to create a travel ban in the future, as he did in his earlier Administration.

        Alerts
        Trump Takes Aim at Timber and Lumber Imports in New Executive Order
        March 5, 2025
        Riyaz Dattu*, Matthew Nolan, Diana Dimitriuc Quaia, Leah Scarpelli

        On March 1, President Trump issued an Executive Order (EO) requiring the US Department of Commerce (Commerce) to investigate the national security implications in connection with imports of timber, lumber, and their derivative products.

        Alerts
        Key Changes to the H-1B Visa Program: Self-Employment, Lottery Exemptions, Cap-Gap Approvals, and Site Visits
        March 4, 2025
        Nancy A. Noonan, Berin S. Romagnolo

        The H-1B is the most common work visa for foreign nationals in professional-level jobs in the United States. Effective January 17, there is a new H-1B “modernization” rule which introduced some significant changes and codified some existing processing practices to the H-1B visa program.

        International Arbitration & Dispute Resolution Blog
        Executive Order: Threat to National Security From Imports of Copper Products
        February 27, 2025
        Riyaz Dattu*, John Gurley, Matthew Nolan

        On February 25, President Trump issued an executive order (EO) requiring the US Department of Commerce (Commerce) to investigate the national security implications of the copper supply chain. The investigation will be based on section 232 of the Trade Expansion Act of 1962.

        Customs Newsletter Featured Web Banner
        Customs & Import Compliance Blog
        As the (Customs and Trade) World Turns: January 2025
        January 16, 2025
        Angela M. Santos, Nancy A. Noonan, Lucas A. Rock, Mario A. Torrico, James Kim*, Derek Ha, William G. Stroupe II, Natalie Tantisirirat, Sylvia G. Costelloe, Matthew Tuchband

        Welcome to the January 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

        2024 Election Analysis
        Alerts
        ArentFox Schiff 2024 Election Analysis
        November 7, 2024
        Byron Dorgan*, Doug Jones, Philip S. English*, Dan H. Renberg, Jon S. Bouker, Craig Engle, David P. Grosso, David Tafuri, Cissy Jackson, Laura E. Doyle*, Oliver Spurgeon III*, Daniel Sjostedt*, Starshine S. Chun*, Katherine Kramer*

        The United States awoke on November 6 to a changed and improbable political landscape. The nation has re-elected Donald J. Trump as President and has given him a US Senate Republican majority and potentially a US House of Representatives Republican majority as well. As fatigued and steadfast local and state election workers continue to sort through ballots, we continue to look to the finalization of tallies for some remaining Senate and House races to determine the nature and size of Congressional majorities.

        Customs Newsletter Featured Web Banner
        Customs & Import Compliance Blog
        As the (Customs and Trade) World Turns: September 2024
        September 16, 2024
        Angela M. Santos, David R. Hamill, Kay C. Georgi, Antonio J. Rivera, Leah Scarpelli, James Kim*, Lucas A. Rock, Mario A. Torrico, Derek Ha, Sylvia G. Costelloe, Birgit Matthiesen

        Welcome to the September 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month.

        Customs & Import Compliance Blog
        As the (Customs and Trade) World Turns: August 2024
        August 15, 2024
        Angela M. Santos, Diana Dimitriuc Quaia, Nancy A. Noonan, Matthew Nolan, Sylvia G. Costelloe, James Kim*, Lucas A. Rock, William G. Stroupe II, Mario A. Torrico, Jodi Tai

        Welcome to the August 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month.

        National Security Counsel
        Does the Proposed New ITAR Definition of ‘Defense Services’ Catch More Than it Releases in the Foreign Intelligence Area?
        August 6, 2024
        Kay C. Georgi, Sylvia G. Costelloe, Derek Ha

        On July 29, the Directorate of Defense Trade Controls (DDTC) of the US Department of State proposed a new definition of the term “defense service.”

        Alerts
        Footnote Frenzy: Charting Out Commerce’s Proposed Expanded US Person and End Use Export Controls and Facial Recognition Controls
        August 1, 2024
        Kay C. Georgi, Sylvia G. Costelloe, Derek Ha

        On July 29, the US government proposed big changes to rules about supporting or exporting to foreign military, intelligence, and security entities.

        Customs & Import Compliance Blog
        As the (Customs and Trade) World Turns: July 2024
        July 15, 2024
        Angela M. Santos, Kay C. Georgi, Nancy A. Noonan, Leah Scarpelli, Derek Ha, James Kim*, Lucas A. Rock, Mario A. Torrico

        Welcome to the July 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month.

        Alerts
        US Government Throws “Kitchen Sink” Export Controls at Russia, Plus Sweeping EAR99 Software Controls, and IT and Software Services Sanctions
        June 14, 2024
        Kay C. Georgi, Matthew Tuchband, Derek Ha, Sylvia G. Costelloe

        Three US agencies – the US Department of Commerce, Bureau of Industry and Security (BIS), the US Department of the Treasury, Office of Foreign Assets Control (OFAC), and the US Department of State – took new actions on June 11.

        AI Law Blog
        Continuing Forward: Senate Leaders Release an AI Policy Roadmap
        May 17, 2024
        Anthony V. Lupo, Dan Jasnow, D. Reed Freeman Jr., Dan H. Renberg, Eric Sanchez, Oliver Spurgeon III*

        The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade.

        Events
        Corporate Transparency Act in the Cross-Hairs
        May 16, 2024
        Doug Jones, Evgeny Magidenko

        Senator Doug Jones and Gene Magidenko will present at the FBA’s Corporate and Association Counsel Division webinar on May 16, 2024.

        Alerts
        Wow AUKUS is for Real! Exports to Australia and UK Just Got Way Easier
        May 7, 2024
        Kay C. Georgi

        We love it when the US Government actually makes life easier for US exporters. What happened?

        Alerts
        BIS Authorizes Medical Device Exports to Russia, Belarus, and Occupied Ukraine (With Strings Attached)
        April 30, 2024
        Derek Ha, Kay C. Georgi

        License Exception MED, published by the US Department of Commerce’s Bureau of Industry and Security (BIS) on April 25, authorizes the export, reexport, or in-country transfer of EAR99 “medical devices” to non-military hospitals but comes with new restrictions and due diligence requirements.

        National Security Counsel
        So Out of Luck! The Statute of Limitations (SoL) for Sanctions and Other IEEPA Programs Is Now 10 Years
        April 26, 2024
        Kay C. Georgi, Matthew Tuchband, Derek Ha, Sylvia G. Costelloe

        Hidden in the supplemental emergency appropriation bill (containing support for Israel and Ukraine) that President Biden signed on April 24 is a provision extending the current five-year SoL under the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act to 10 years.

        Alerts
        CFIUS Bites Back: Proposed New Enforcement Powers and Penalties
        April 17, 2024
        Sylvia G. Costelloe, William G. Stroupe II

        In an effort to give the Committee on Foreign Investment in the United States (CFIUS) more “bite,” yesterday the Committee published a Notice of Proposed Rulemaking (NRPM) in the Federal Register to enhance its procedures and strengthen its penalty and enforcement authorities.

        National Security Counsel
        US Sanctions Hundreds More on Second Anniversary of Russia’s Invasion, Highlights Perils of Continuing Business in Russia, But Does Not Change Substantive Laws
        February 27, 2024
        Kay C. Georgi, Sylvia G. Costelloe, Derek Ha

        Two years after the start of Russia’s war in Ukraine and one week after the death of opposition politician and anticorruption activist Aleksey Navalny, the US government announced a new raft of sanctions and export controls targeting nearly 600 individuals and entities.

        National Security Counsel
        Commerce Tidies Up the Russia/Belarus Export Controls and Adds Aircraft and Drones (HTS Ch 88) to Its License Requirements
        January 30, 2024
        Kay C. Georgi, Sylvia G. Costelloe

        On January 25, almost two years after Russia’s further invasion of Ukraine, the US Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule (the Rule) strengthening existing export controls relating to Russia, Belarus, and Iran.

        Events
        Semiconductors and Military Applications: New and Surprising Lessons for Interpreting and Applying 15 CFR Part 744 of the EAR
        January 22, 2024
        Kay C. Georgi

        Kay Georgi discusses new BIS rules at the Canadian Institute’s 13th Annual Forum on US Export & Re-Export Compliance for Canadian Operations.

        AI Law Blog
        POTUS Issues Expansive Executive Order on AI, Calling for All Hands On Deck
        November 7, 2023
        Dan Jasnow, Elizabeth H. Cohen, Michelle A. Cooke, Matthew Berlin, Yusef Abutouq

        On October 30, 2023, President Biden issued an expansive Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), aiming to establish standards for AI technology to address related potential benefits and risks.

        National Security Counsel
        Approvals Sought at FCC for Experimental Operations
        October 30, 2023
        Jeffrey E. Rummel

        Every year, thousands of applications are filed with the Federal Communications Commission (FCC) by defense contractors and equipment manufacturers seeking approval for experimental wireless operations in support of National Security objectives.

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