U.S. Export Controls: Recent Developments, Key Takeaways, and Anticipated Changes Ahead

This CLE course will guide counsel through the recent developments related to export controls. The panel will offer takeaways from the changes and will also discuss anticipated trends into 2021.

The U.S. government has continued to sharpen its focus on export controls as a vital tool of foreign policy and national security. In 2020, the Department of Commerce (BIS) and the Department of State (DDTC) promulgated numerous changes to export controls. Among the changes, BIS broadened the definition of "military end use" and imposed additional restrictions on exports for "military end use" and "military end users" in China, Russia, and Venezuela.

BIS also eliminated License Exception Civil End Users (CIV), meaning exporters that have relied on CIV must now get a license from BIS for previously authorized exports. Changes were also made in the licensing policy for Hong Kong with the suspension of exceptions that provided differential treatment. Further, U.S. Customs and Border Protection now requires goods from Hong Kong to be marked "China" for purposes of the country of origin.

Other recent developments include the expansion of the "direct product" rule, the first controls over "emerging technologies" under the framework of the Export Control Reform Act of 2018, the publication of a notice of proposed rulemaking regarding “foundational” technologies, and the transition of certain guns and ammunition from the State Department to Commerce Department export jurisdiction.

Listen as our authoritative panel addresses the recent developments related to export controls and offers takeaways from the latest changes. The panel will also discuss further changes to anticipate into 2021.