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  • U.S. Relaxes Export Restrictions on Contributions to Standards Bodies

    By Senior Associate Michael Jones Yet another U.S. export control rule involving exports to Huawei and similar companies is about to take effect. It’s worth noting that the new interim rule from the U.S. Commerce Department’s Bureau of Industry and Security (BIS) relaxes current export restrictions, specifically on contributions to standards bodies. Effective June 18, 2020, BIS is rescinding their August 2019 Advisory Opinion prohibiting sharing of non-published information with H...

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  • PODCAST: Can I Still Export Semiconductor, Telecommunication, or AI Technologies to Huawei?

    In this episode of our Procopio Perspectives podcast series, Procopio Partner Miku H. Mehta and Senior Associate Michael C. Jones discuss what you need to know about recent restrictions on exports to Huawei of various technologies including 5G, Semiconductor and AI Technologies. Please visit our Simplecast channel, where you can play or download the episode or subscribe through Apple, Spotify or Google. ...

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  • U.S. Government Extends Temporary License and Expands Limitations on Exports to Huawei

    By Procopio Senior Associate Michael Jones Continuing a trend of restricting exports to certain foreign entities, the U.S. government took two actions on May 15, 2020, to further control exports of certain technologies deemed critical to US interests: Expanding the direct product rule to further restrict exports to certain entities including Huawei and/or its affiliates. Extending the temporary general license (TGL), originally granted on May 19, 2019, for certain export act...

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  • New U.S. Rules Limit Exports to China and Other Countries

    By Procopio Senior Associate Michael Jones The U.S. government has issued two new export control restrictions and has proposed another one as well, all affecting exports to Group D countries  including China, Russia and Venezuela. More specifically, the two new final rules from the U.S. Bureau of Industry and Security (BIS) were issued on April 28, 2020, and go into effect June 29, 2020; the proposed rule is open for comment until June 29 as well. Exporters should consider the follow...

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  • U.S. Commerce Department Bans Export of Certain Self-Driving Vehicle Software

    By Procopio Partner Miku H. Mehta and Senior Associate Michael C. Jones The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule January 6, 2020, banning the export of certain “geospatial imagery” software technology to all countries except Canada effective immediately. The software is specified under the Export Control Classification Number (ECCN) 0Y521 series (specifically ECCN 0D521), and there are no exceptions to the license requir...

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  • U.S. Limits and Extends Temporary General Export License Related to Huawei Technologies

    By Procopio Partner Miku H. Mehta and Senior Associate Michael Jones On August 19, 2019, the U.S. Bureau of Industry and Security (BIS) revised the “temporary general license” or “TGL” we had previously highlighted to further restrict exports to Huawei and its affiliates, effective immediately and expiring on November 18, 2019.*  The revised TGL limits permissible exports, eliminates export authorization for non-public activities associated with 5G standard implementation, an...

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

    By Senior Associate Michael C. Jones UPDATE: On July 2, 2019, the U.S. Patent and Trademark Office (USPTO) issued the final rule indicating that the proposed rule discussed below would go into effect on August 3, 2019. Beginning on this date, foreign applicants and registrants will be required to identify a U.S. licensed attorney prior to examination of a trademark application. These rules will apply to any foreign domiciled trademark applicant registry the party. Additionally the rul...

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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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  • 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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