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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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CIT Upholds NME Presumption in Confidential Decision
August 13, 2025 by Jacob Kopnick|Litigation

The Court of International Trade on Aug. 11 upheld the Commerce Department's 2021-22 administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China in a confidential decision. Judge Mark Barnett gave the parties until Aug. 18 to review the confidential information in the decision. In the case, exporter Yingli Energy argued that the trade court should strike down the Commerce Department's ordinary presumption that exporters in non-market economies are under foreign government control, urging the court to undertake a Loper Bright analysis of the AD statute (see 2506050001) (Yingli Energy (China) Co. v. U.S, CIT # 24-00131).

Topics:Court of International Trade activity
Active-Duty Soldier Charged With Sending Controlled Information to Russia
August 8, 2025 |Penalties

An active-duty service member of the U.S. Army was charged with trying to send national defense information to a foreign adversary and trying to export controlled technical data, DOJ announced Aug. 6. Taylor Lee, stationed at Fort Bliss in El Paso, Texas, allegedly tried to send information on the M1A2 Abrams tank, an "armored fighting vehicle used by the U.S. military" and combat operations to the Russian military.

New York Court Enjoins US From Enforcing ICC Sanctions Against 2 Law Professors
August 5, 2025 by Jacob Kopnick|Litigation

The U.S. District Court of the Southern District of New York on July 30 permanently enjoined the U.S. from enforcing its International Criminal Court-related sanctions against two law professors. Judge Jesse Furman held that the sanctions impermissibly violate the professors' First Amendment free speech rights and that the law professors, Gabor Rona at the Cardozo School of Law and Lisa Davis at CUNY School of Law, likely will suffer irreparable harm without an injunction (Gabor Rona v. Trump, S.D.N.Y. # 25-03114).