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US Export Controls

U.S. export controls include those imposed on dual-use goods under the Export Administration Regulations (EAR) by the Commerce Department's Bureau of Industry and Security (BIS), as well as controls on exports of defense articles and services by the State Department's Directorate of Defense Trade Controls (DDTC) under the International and Traffic in Arms Regulations (ITAR). The control lists administered by these agencies are the Commerce Control List (CCL) and the U.S. Munitions List (USML), respectively. 

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Importers Attempt to Keep IEEPA Case in Florida Court, Claim IEEPA Doesn't Include Tariff Authority
May 7, 2025 by Jacob Kopnick|Top News

A group of five small importers filed their opposition to the U.S. government's motion to transfer their case challenging President Donald Trump's tariffs imposed on China under the International Emergency Economic Powers Act to the Court of International Trade. The importers, led by Simplified, argued that CIT doesn't have exclusive jurisdiction to hear the case because IEEPA doesn't provide for tariffs (Emily Ley Paper v. Donald J. Trump, N.D. Fla. # 3:25-00464).

Topics:Court of International Trade activity, Country of origin cases, Section 301 tariffs, Section 232 Exclusions
California Says US Reading of IEEPA Would Let President Unconstitutionally Tax Exports
May 5, 2025 by Jacob Kopnick|Top News

The International Emergency Economic Powers Act doesn't confer the power to impose tariffs, California argued at the U.S. District Court for the Northern District of California. Responding to the government's motion to transfer the state's challenge -- which centers on President Donald Trump's use of IEEPA to impose tariffs -- to the Court of International Trade, California argued that CIT doesn't have exclusive jurisdiction to hear the case, since "IEEPA does not provide for tariffs" (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).

Topics:Court of International Trade activity, Country of origin cases, Section 301 tariffs
DOJ Declines to Prosecute Contractor After Employee Illegally Exported Software to China
May 1, 2025 by Ian Cohen|Penalties

The U.S. this week said it won’t be prosecuting a NASA contractor for export control violations because the organization quickly self-reported the breaches and demonstrated “exceptional and proactive” cooperation with DOJ’s National Security Division. The announcement came after one of the contractor’s employees pleaded guilty to illegally exporting flight control software to a Chinese company on the Entity List and embezzling at least $161,000 in software license sales from those exports.

UK Resets Caps for Permitted Legal Fees Under Russia Sanctions
April 29, 2025 |International Sources

The U.K. issued a new version of a Russia-related legal services general license to reset the cap on fees that can be paid to British law firms by parties subject to Russia-related sanctions. The legal fees cap is set at about $2.68 million (or 2 million pounds) per law firm and the expenses cap at 10% of the legal fees, up to about $268,000 (or 200,000 pounds), for the duration of the license. The license takes effect April 29 and expires Oct. 28. The previous license expired April 28 (see 2410290017).