The U.S. Government remains hard at work through the COVID-19 pandemic.  Recently the Office of Foreign Assets Control (“OFAC”) at the Department of the Treasury, the Department of State, and U.S. Coast Guard issued their long-awaited Guidance to Address Illicit Shipping and Sanctions Evasion Practices​​ (the “Guidance”). This effort must have taken quite a few Zoom conferences!  But it will be worth it.  Together, the government agencies, probably led by OFAC, have put together 35 pages of valuable guidance for … Read More

A curious certification requirement appears in SBA Form 2483, the form distributed by the Small Business Administration (“SBA”) to enable millions of American small businesses affected by the COVID-19 pandemic to apply for forgivable Paycheck Protection Program (“PPP”) loans.  On page 2 of the form, in the first set of Certifications and Authorizations, the borrower must certify, among other things, as follows:  “To the extent feasible, I will purchase only American-made equipment and products.” The SBA does not provide any … Read More

Last week was quite remarkable for U.S. export controls.  On one day, April 28, the Bureau of Industry and Security (“BIS”) published three significant new regulations – two final and one proposed rule.  Exporters should pay heed, because each of these rules creates new restrictions requiring further due diligence, risk management, and more scrutiny by the U.S. government. The first of these actions is the Elimination of License Exception Civil End Users (CIV), effective June 29, 2020.  License Exception CIV … Read More