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  • Next Steps for Companies Following the Latest U.S. Government Export Ban

    By Procopio Partner Miku H. Mehta and Senior Associate Michael C. Jones A recent change in U.S. export control regulations requires all U.S.-based entities (including subsidiaries of foreign-headquartered companies) to immediately stop exporting most technologies to Huawei and several of its related entities. Violations of these regulations can result in fines and/or imprisonment. U.S.-based entities that export technology and products, as well as overseas companies that receive U.S.-base...

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  • Key Elements to an Effective Export Control Compliance Program

    By Senior Associate Michael C. Jones One billion dollars: That was the fine ZTE agreed to pay in 2018 in order to lift a denial order issued by the United States government in response to export control violations. Similarly, Huawei’s CFO was indicted in December 2018 for alleged export control violations with respect to Iran. As these cases indicate, penalties for violating export control regulations can be high and include criminal charges.  Further, as discussed in my previo...

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  • USPTO Proposes Requirement of U.S.-Licensed Attorney for Foreign Trademark Applicants and Registrants

    By Senior Associate Michael C. Jones The U.S. Patent and Trademark Office (USPTO) is proposing to impose new obligations on many trademark applicants and registrants. In a notice of proposed rulemaking (NPRM) issued February 15, 2019, the agency said it is looking to require that any trademark applicant or registrant whose domicile or principal place of business is not located within the United States (U.S.) or its territories be represented by an attorney who is an active member in good ...

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  • New Export License Conditions Have Been Imposed by the U.S. Government: What You Need to Know

    By Procopio Senior Associate Michael C. Jones A significant new obligation has been applied by the U.S. government on many exporters, but it’s entirely likely those companies are unaware that this obligation is being provided on the face of granted licenses. In working with the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), we’ve learned of a new mandatory license condition requirement being attached to all deemed export licenses issued going forward beginning ...

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  • 6 Things Any Entrepreneur Should Know About Export Controls

    By Procopio Senior Associate Michael C. Jones It’s not news to most entrepreneurs that the U.S. Government imposes regulations on the release of technology and equipment developed within the United States. What many don’t fully understand is the broad reach of those regulations. If you are in any way involved in the development or manufacture of technology-driven products—regardless of where you market or sell those products—you should be aware of six key issues related to export ...

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