Effective July 10, 2024, President Biden issued two Presidential Proclamations aimed at refining the tariff exclusions under Section 232 of the Trade Expansion Act of 1962 for steel and aluminum imports from Mexico. Together,...more
In an era where technological prowess and economic security are more entangled than ever, the United States has refined its approach towards restricting outbound investments. As we have been blogging since 2022, the past two...more
6/26/2024
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
Foreign Direct Investment ,
Investment ,
Notification Requirements ,
NPRM ,
Proposed Regulation ,
Regulatory Requirements ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
The White House at 5 am Tuesday morning in DC released its decision on the new section 301 tariffs. There is a 100% tariff on Chinese EVs effective this year (which is in addition to the usual 2.5% import duty on cars)....more
5/15/2024
/ Automotive Industry ,
Batteries ,
Biden Administration ,
Charging Stations ,
China ,
Electric Vehicles ,
Manufacturers ,
Mexico ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
On Tuesday, October 17, 2023, the U.S. Bureau of Industry and Security (BIS) released a package of three rules (the 2023 Rules) targeting the Chinese semiconductor industry. The rules update the substantial semiconductor...more
10/23/2023
/ China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Semiconductors ,
Software ,
Technology ,
Trade Restrictions
The North American Free Trade Agreement (NAFTA) may have been replaced effective July 1, 2020 by the United States-Mexico-Canada Agreement (USMCA), but the rules of NAFTA remain alive and well in the halls of the enforcement...more
On March 31, 2023, the U.S. Department of Treasury and Internal Revenue Service (IRS) released proposed guidance clarifying how manufacturers may meet the critical minerals and battery sourcing requirements for the clean...more
7/3/2023
/ Automotive Industry ,
Batteries ,
Electric Vehicles ,
EU ,
Free Trade Agreements ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Japan ,
Lithium Batteries ,
South Korea ,
Tax Credits ,
UK ,
Zero-Emission Vehicles
It looks like the licensing restrictions on Huawei are trickling into effect.
Our sources indicate that, as early as February 27, all license applications for exports or transfers involving Huawei which were pending with...more
3/6/2023
/ 5G Network ,
Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
Huawei ,
License Applications ,
Semiconductors ,
Telecommunications
In response to Russia’s ongoing aggression in Ukraine, both the United States and the European Union have imposed additional sanctions and further restricted exports to Russia and Iran. These new controls span many...more
2/28/2023
/ Economic Sanctions ,
Entity List ,
EU ,
Export Controls ,
Exports ,
Iran ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trade Restrictions ,
UK ,
Ukraine
The North American and global automotive sector is watching closely to see how the United States ultimately responds to the decision of December 14, 2022, made public on January 10, 2023, which upheld Canada’s and Mexico’s...more
This week saw Canada, Mexico and the United States present their respective positions and legal arguments, often in sharply worded exchanges, about how the Auto Core Parts rules of origin under the U.S.-Mexico-Canada...more
The U.S. photovoltaic (PV) industry, solar module suppliers, manufacturers, and renewable energy developers are facing new regulatory challenges with the implementation of new legislation which has a significant impact on...more
6/29/2022
/ China ,
Clean Energy ,
Cross Border Privacy Rules (CBPR) ,
Energy Sector ,
Forced Labor ,
Importers ,
Imports ,
Manufacturers ,
Photovoltaic ,
Renewable Energy ,
Solar Energy ,
Solar Panels ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
Some apparel, fabric and other goods just became more likely to get stuck at the border if U.S. Customs and Border Protection (“CBP”) suspects they contain cotton from Xinjiang or from companies on a recently published U.S....more
In recent years, a wide array of trade actions pursued by the United States, foreign and domestic policies of the United States and China, reputational risks, and supply chain breakdowns are driving a trend of more and more...more
5/17/2022
/ Biden Administration ,
China ,
Customs ,
Customs and Border Protection ,
Exports ,
Imports ,
International Trade ,
Manufacturers ,
Mexico ,
Relocation ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Internet platform providers rely upon developers of applications to populate their application stores. Some platform providers mandate app developers to use the platform’s in-app purchasing system as a condition to sell the...more
In May 2018 the United States announced the reinstitution of sanctions against Iran that had previously been lifted pursuant to the Joint Comprehensive Plan Action (“JCPOA”).
The U.S. sanctions on Iran that were revived...more
5/27/2021
/ Banks ,
Blocking Statutes ,
Corporate Counsel ,
EU ,
European Court of Justice (ECJ) ,
Financial Institutions ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
Sanctions
In August 2020, we wrote a blog post about the adoption by the European Commission (“Commission”) of a White Paper on Foreign Subsidies. On 5 May 2021, the Commission adopted a proposal for a Regulation on foreign subsidies...more
5/17/2021
/ Acquisitions ,
Coronavirus/COVID-19 ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Investment ,
Foreign Subsidies ,
Funding ,
Member State ,
Procurement Guidelines ,
White Papers
On May 10, 2021, the EU adopted its new, revised version of Regulation (EC) No 428/2009 (the “Regulation”). It is widely acknowledged to be the first major reform to the structure of the EU’s export control regime since...more
On December 28, 2020, the FAA issued a new rule, published in the Federal Register on January 15, 2021, which will impose a requirement (subject to two exceptions described below) for every unmanned aircraft weighing over...more
As State aid measures granted by EU Member States continue to surge in the aftermath of the COVID-19 outbreak and ongoing pandemic, the European Commission (“Commission”) has turned to subsidies coming from non-EU countries....more
At over $30 billion USD in transactions a year, the United States-Mexico remittance corridor is one of the largest in the world. The rapid development of cryptocurrencies has enabled cross-border transactions at just a...more
5/31/2020
/ Blockchain ,
Canada ,
Cross-Border Transactions ,
Cryptocurrency ,
FinCEN ,
FinTech ,
International Remittance Transfers ,
Mexico ,
Popular ,
Sandbox ,
Securities Exchange Act ,
United States-Mexico-Canada Agreement (USMCA)
On Tuesday, May 19, the U.S. Commerce Department published a regulation (effective May 15, 2020) that prohibits sale to Huawei of a microchip made to a Huawei specification, made outside the United States with non-U.S....more
Taking a break from reporting on COVID-19 legal developments, we turn for a moment to what is happening now on export control of autonomous vehicle technology.
The autonomous vehicle R&D sector is booming, largely in the...more
4/9/2020
/ Automotive Industry ,
Connected Cars ,
Cybersecurity ,
Department of Transportation (DOT) ,
Driverless Cars ,
Legislative Agendas ,
Motor Vehicles ,
NHTSA ,
Regulatory Oversight ,
Safety Standards ,
Technology Sector
The Federal Circuit Court of Appeals has just rejected the longstanding U.S. government position that the country of origin of pharmaceuticals in the context of U.S. government procurement is determined by where the active...more
2/12/2020
/ Anheuser-Busch ,
Appeals ,
Buy American Act ,
Country of Origin ,
Customs and Border Protection ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Imports ,
India ,
Machine-or-Transformation Test ,
Manufacturers ,
Pharmaceutical Industry ,
Prescription Drugs ,
Public Procurement Policies ,
Trade Agreements Act ,
UK ,
WTO
On January 16, 2020, the United States Senate voted by an overwhelming majority to pass the implementing legislation for the United States-Mexico-Canada Trade Agreement (USMCA) after months of tense negotiations with...more
1/20/2020
/ Automotive Industry ,
Canada ,
Digital Services ,
Environmental Policies ,
Financial Services Industry ,
Forced Labor ,
Free Trade Agreements ,
Intellectual Property Protection ,
Mexico ,
NAFTA ,
Sunset Provisions ,
Trade Relations ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
• Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below).
• You may submit comments on the criteria the U.S. government will use to determine what technologies...more
12/11/2018
/ Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Exports ,
Foreign Nationals ,
National Security ,
Proposed Rules ,
Public Comment ,
Technology Sector