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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

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, November 11, 2020

Recorded event now available

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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.


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.



  1. Recent developments
    1. Military end use and military end user
    2. Expanded export licensing and stricter review standards for licensing
    3. Elimination of licensing exception CIV
    4. Licensing policy for Hong Kong
    5. Direct product rule
    6. Expanded entity list
    7. Export Control Reform Act of 2018/emerging technologies
    8. Export Control Reform Act of 2018/foundational technologies
    9. Transition of certain firearms controls from DDTC to BIS
  2. Compliance challenges
  3. Anticipated developments in 2021


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?


Cotterill, Abigail
Abigail Cotterill

Of Counsel
Kirkland & Ellis

Ms. Cotterill provides legal advice to companies, financial institutions, and private equity sponsors on the regulatory...  |  Read More

Mullick, Sanjay
Sanjay José Mullick

Kirkland & Ellis

Mr. Mullick has a broad range of experience providing counsel on export controls administered by the Department of...  |  Read More

Rapa, Anthony
Anthony Rapa

Kirkland & Ellis

Mr. Rapa counsels companies, private equity sponsors, and financial institutions worldwide regarding regulatory...  |  Read More

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