Export Controls
Overview
Export controls and sanctions regulations present significant challenges and potential compliance risks for global companies. The U.S. government regulates transfers of goods, technology, software, and other products and services to foreign destinations as well as to foreign persons within the United States and abroad. These controls are far reaching, extending to direct transfers of goods, technology, software, and services from the United States, "reexports" of certain U.S.-origin items and technology from one foreign country to another, and reexports of certain foreign-manufactured items containing U.S. content. They also apply to transfers of technology to foreign persons within the United States and U.S. persons working for foreign companies. Other governments have their own export control and sanction regulatory regimes, creating complex compliance obligations with practical and commercial implications for businesses, including problems with inventory management and shipping delays.
Contacts
Insights
Blog Post | 08.10.26
BIS Restricts Exports of “Black Mass,” Tungsten Waste, and Scrap
Key Takeaways: The Bureau of Industry and Security (“BIS”) issued a temporary final rule under the Defense Priorities and Allocations System (“DPAS”) that restricts exports of shredded lithium-ion battery scrap containing cathode material, known as “black mass,” as well as tungsten and other waste by U.S. entities. Published on August 6, 2026, and effective immediately upon publication, the rule’s Directive Allocation Order takes effect on August 27, 2026, at which point all monthly sales of these materials must be allocated exclusively to U.S. buyers. The Directive Allocation Order remains in effect through August 27, 2027 (unless adjusted by BIS). Exports to non-U.S. persons require a separate DPAS authorization, which does not replace a BIS export license under the Export Administration Regulations (“EAR”), if required. BIS considered the directive necessary citing the threat to national defense and security posed by the “inadequate supply of critical minerals and materials” (“CMMs”).
Client Alert | 1 min read | 07.08.26
Crowell & Moring and Crowell GovCon Strategies at Farnborough International Airshow 2026
Firm News | 2 min read | 06.10.26
Crowell Earns Top Rankings from Legal 500 United States 2026
Firm News | 7 min read | 06.04.26
Insights
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06.15.23
Government Contracting Law Report
The Impact of the Crisis in Ukraine on the Effort to Reform U.S. Space Controls
|08.01.14
World ECR, Issue 33
Trade Consultant Fears Australian Industry 'Not Ready' for AUKUS Exemptions
|05.15.24
Export Compliance Daily
Companies Should Assess Exposure To Potential Russia-Style Controls Against China, Lawyer Says
|06.22.22
Export Compliance Daily
Anti-Money Laundering & Financial Crimes Conference 2023
|05.22.23 - 05.23.23
American Conference Institute's 10th Advanced Forum on Import Compliance & Enforcement
|01.21.16 - 01.22.16
Red Flags: Navigating the Hurricane (2024 Corporate Counsel Section CLE)
|02.02.24
"Sanctions and Export Controls: Ensuring Compliance," One Trust Webinar, 2023.
|06.29.23
An ITAR-ly Critical Reminder of Cybersecurity Requirements: DOJ Settles with Swiss Automation, Inc.
|12.29.25
Crowell & Moring’s Government Contracts Legal Forum
U.S. Department of Commerce Imposes New Expansive Export Controls on Russia and Belarus
|02.27.23
Crowell & Moring’s International Trade Law
Sanctions/Export Highlights [As of November 03, 2022]
|11.07.22
Crowell & Moring’s International Trade Law
Sanctions/Export Highlights [As of October 24, 2022]
|10.24.22
Crowell & Moring’s International Trade Law
Aluminum from Xinjiang Could be at Risk of Being Tainted with Forced Labor, Per April 2022 Report
|08.09.22
Crowell & Moring’s International Trade Law
Professionals
Insights
Blog Post | 08.10.26
BIS Restricts Exports of “Black Mass,” Tungsten Waste, and Scrap
Key Takeaways: The Bureau of Industry and Security (“BIS”) issued a temporary final rule under the Defense Priorities and Allocations System (“DPAS”) that restricts exports of shredded lithium-ion battery scrap containing cathode material, known as “black mass,” as well as tungsten and other waste by U.S. entities. Published on August 6, 2026, and effective immediately upon publication, the rule’s Directive Allocation Order takes effect on August 27, 2026, at which point all monthly sales of these materials must be allocated exclusively to U.S. buyers. The Directive Allocation Order remains in effect through August 27, 2027 (unless adjusted by BIS). Exports to non-U.S. persons require a separate DPAS authorization, which does not replace a BIS export license under the Export Administration Regulations (“EAR”), if required. BIS considered the directive necessary citing the threat to national defense and security posed by the “inadequate supply of critical minerals and materials” (“CMMs”).
Client Alert | 1 min read | 07.08.26
Crowell & Moring and Crowell GovCon Strategies at Farnborough International Airshow 2026
Firm News | 2 min read | 06.10.26
Crowell Earns Top Rankings from Legal 500 United States 2026
Firm News | 7 min read | 06.04.26












