U.S. Export Controls: Recent Developments, Key Takeaways, and Anticipated Changes Ahead
Navigating Military End Use and User Changes, Expanded Licensing, Elimination of Licensing Exception CIV, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
International
- event Date
Wednesday, November 11, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Mr. Rapa leads Blank Rome’s National Security team. A dual U.S./UK-qualified practitioner with on-the-ground experience spanning four continents, he counsels companies and private equity sponsors regarding cross-border trade, operations, investments, and geopolitical strategic planning. A former member of the Law360 International Trade Editorial Advisory Board, Mr. Rapa is a trusted advisor to clients on matters involving economic sanctions, export controls, and investment screening involving the Committee on Foreign Investment in the United States. He has advised clients across a broad range of industries, including aerospace and defense, manufacturing, automotive, aviation and aviation-adjacent, technology/software, semiconductors, telecommunications, maritime, financial, shipping, freight forwarding and logistics, and energy.

Mr. Mullick has a broad range of experience providing counsel on export controls administered by the Department of Commerce Bureau of Industry and Security (BIS) under the Export Administration Regulations (EAR); the Department of State Directorate of Defense Trade Controls (DDTC) under the International Traffic in Arms Regulations (ITAR); and the Department of Energy’s rules on nuclear exports, as well as economic sanctions administered by the Department of the Treasury Office of Foreign Assets Control (OFAC). He also advises on compliance and enforcement matters concerning the Bureau of Customs and Border Protection (CBP) and foreign trade zones (FTZ). He advises companies, sponsors and investors on export controls and sanctions risk assessment in conjunction with investments, offerings and mergers and acquisitions.

Ms. Cotterill provides legal advice to companies, financial institutions, and private equity sponsors on the regulatory and other risks of operating or investing across international borders. She focuses her practice on international trade and anticorruption compliance and investigations. She has broad experience on matters involving the economic sanctions administered by the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC); the export controls administered under the Export Administration Regulations (EAR) of the U.S. Department of Commerce Bureau of Industry and Security (BIS) and the International Traffic in Arms Regulations (ITAR) of the U.S. Department of State Directorate of Defense Trade Controls (DDTC); and anticorruption compliance counseling in matters involving the Foreign Corrupt Practices Act.
Description
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.
Outline
- Recent developments
- Military end use and military end user
- Expanded export licensing and stricter review standards for licensing
- Elimination of licensing exception CIV
- Licensing policy for Hong Kong
- Direct product rule
- Expanded entity list
- Export Control Reform Act of 2018/emerging technologies
- Export Control Reform Act of 2018/foundational technologies
- Transition of certain firearms controls from DDTC to BIS
- Compliance challenges
- Anticipated developments in 2021
Benefits
The panel will review these and other key issues:
- What are the recent changes to U.S. export controls?
- What are the implications of the recent developments to export controls?
- What best practices should exporters and their counsel employ to ensure compliance with new export control requirements?
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