EAR Enforcement – Key Decisions and Trends

Partner Mike Huneke will be speaking at the American Bar Association International Law Section’s virtual program EAR Enforcement – Key Decisions and Trends.

The program will examine the evolving US export controls enforcement landscape, with a focus on the “knowledge” standards under the Export Administration Regulations (EAR), geopolitical and national policy developments driving enforcement priorities, recent agency guidance and enforcement actions, and practical strategies for mitigating export controls compliance and enforcement risks.

Mike and his fellow speakers will discuss the following topics:

• The geopolitical and national political factors driving export controls enforcement
• The rediscovered “knowledge” standard under the EAR, including catch-all provisions and General Prohibition 10 and other “inchoate” provisions
• Recent BIS guidance and enforcement developments, including the July 2024 due diligence guidance, December 2024 Senate Permanent Subcommittee on Investigations report, May 2025 policy and guidance documents, and July 2025 Cadence Design settlement and criminal corporate plea
• Recent and pending enforcement matters, including the Teledyne/FLIR case, voluntary self-disclosures versus nonvoluntary self-disclosures, and the pending Supermicro and “Don’t Say China” individuals cases
• Practical guidance for making and defending risk-based subjective judgments in today’s export controls enforcement environment