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Export Controls

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On May 11, 2022, the Diet of Japan approved the “Act on the promotion of national security through integrated economic measures” 1 (“Act”). Key features of the Act include the establishment of (i) a system to ensure stable supplies of critical materials, (ii) a system to ensure stable provision of services using critical infrastructure, (iii) a system that supports the development of critical technologies and (iv) a secret patent system. The Act will enter into…

On January 24, 2022, the US Department of Commerce (“Commerce”) issued a request for information (“RFI”) to gather input on incentivizing domestic semiconductor investments and accelerate chip research to “ensure a robust domestic semiconductor industry.” Comments must be received by 5:00 p.m. Eastern time on March 25, 2022. Specifically, with the assistance of the National Institute of Standards and Technology (“NIST”), Commerce is requesting information to inform the design and implementation of the potential programs…

On November 26, 2021, the Commerce Department of Commerce published a Proposed Rule that would amend its Interim Final Rule on Securing the Information and Communications Technology and Services Supply Chain (“ICTS Regulations”) to specifically address connected software applications. The Proposed Rule would make changes prompted by Executive Order 14034 (“EO 14034”) to the ICTS Regulations. We previously blogged about the ICTS Regulations here, here, and here. The Commerce Department is seeking public comments on the Proposed Rule by December 27, 2021.…

On 19 October 2021, the EU Commission published its 2022 Work Programme (the “Programme“), which sets out the key goals that the EU Commission hopes to achieve in 2022. Chief amongst these is a desire to make “A Europe Fit for the Digital Age”, with a key proposal to achieve this being a possible “European Chips Act”. In the Programme, the EU Commission has stated that it will publish a proposal for a European Chips Act (the…

Tuesday, October 5, 2021 2:00 – 3:00 PM CET Corporates seeking to effect innovation across their supply networks need to underpin that change with a strategy that pre-empts legal challenges from existing or prospective distributors and suppliers. Trends in corporate governance such as ESG compliance, digital transformation of supply chain and an evolution of workforce demographics and expectations following the pandemic are all driving major changes in business operating models and delivery. Many are looking to…

In the recent flurry of US Government activity related to Xinjiang, one thing is clear: trade compliance risks continue to increase for companies with supply chains that involve Xinjiang. These latest actions add to the expanding list of companies that face import bans, export bans, and sometimes both, in addition to broader measures under consideration in Congress. This blog post summarizes the past month’s developments. Companies with Xinjiang anywhere in their supply chains should be…

On June 8, 2021, the White House published a set of reports on the 100-day interagency reviews (“Reports”) conducted pursuant to Executive Order 14017 (“Supply Chain EO”), which assessed supply chain risks and vulnerabilities for several supply chains, including those relating to semiconductor manufacturing and advanced packaging, and made policy recommendations to address those risks. The Reports suggest that export controls on semiconductor-related equipment and technology can help protect the technological advantage of the United States in…

As part of Europe’s economic recovery, the EU Commission has acknowledged the trading bloc’s technological and strategic dependencies will need to be addressed. The EU Commission identified a number products imported into the EU on which the EU is highly dependent in notably sensitive sectors. The EU Commission also performed six in-depth reviews on the origin of strategic dependencies and their impact on importation. The EU Commission concluded that it will continue to work on…

Baker McKenzie’s annual supply chain conference continued last week with a detailed breakdown of key digital transformation, data privacy and IP considerations in supply chain management. Our team, along with a guest speaker from ADM, also covered customs regulations and trade sanctions. This presentation covered upstream supply chain disruptions including supply chain restructuring, downstream supply chain shocks and the resulting increase in e-commerce challenges. Click here to view* the recording. *Note that only live Baker McKenzie…

The US Government continues to implement measures intended to restrict the provision or use of Chinese-origin goods and technology. Notably, on July 14, 2020, three government agencies issued an interim rule (the “Interim Rule”) that implemented changes to the Federal Acquisition Regulations (“FARs”) pursuant to Section 889 of the National Defense Authorization Act of 2019 (the “NDAA”). These changes have the effect of prohibiting not only the provision of “covered telecommunication equipment or services” to…