The U.S. Department of the Treasury proposed regulations on June 21, 2024, that would prohibit certain outbound investments by U.S. persons in Chinese companies focused on semiconductors and microelectronics, quantum...more
The United States has substantially expanded economic sanctions and export controls targeting Russia and Belarus, imposing new restrictions that could have a major impact on companies with business activities in or relating...more
President Biden has signed into law an act intended to reduce U.S. reliance on Russian uranium imports and develop the domestic market to support the growing U.S. nuclear power generation industry. ...more
With a flurry of recent activity, the U.S. government is administering or considering import duties and quotas on imports of solar energy equipment in three areas: The solar module tariff-rate quota under the “Section 201”...more
The 21st Century Peace Through Strength Act became law recently as part of H.R. 815, which also provided aid to Ukraine, Israel and Taiwan. The law contains important sanctions measures that: Extend the statute of...more
The Committee on Foreign Investment in the United States (CFIUS) has taken another significant step in transforming from a limited jurisdiction interagency committee that primarily reviewed voluntary filings into a body with...more
On February 28, 2024, President Biden issued Executive Order 14117, calling for new regulations to prohibit or restrict transactions that enable countries of concern to access sensitive U.S. personal and government data. The...more
On October 17, 2023, the U.S. Commerce Department’s Bureau of Industry Security (BIS) issued revised export control regulations intended to impede China’s efforts to obtain and produce advanced semiconductors. The new steps...more
The Biden administration has issued a long-awaited executive order authorizing regulation of U.S. investments in Chinese semiconductor, quantum computing and AI companies. The Treasury Department published a corresponding...more
The Committee on Foreign Investment in the United States (CFIUS) reportedly observed limits on its authority in a recent case to examine and potentially disturb foreign investment transactions for national security reasons....more
The United States has strengthened economic sanctions and export controls targeting Russia, following through on commitments made at a G7 summit this month. The EU and UK also plan to substantially expand measures targeting...more
U.S. employers may find it confusing that hiring for certain roles can involve what seem to be competing compliance obligations. On one hand, the Immigration and Nationality Act makes it illegal for employers to make hiring...more
U.S. companies with foreign ownership face a June 30 deadline to respond to a survey of foreign investment in the United States. The U.S. government is conducting the 2022 Benchmark Survey of Foreign Direct Investment in the...more
On April 19, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) imposed a $300 million civil penalty on Seagate Technology LLC, a U.S. supplier of data-storage products. BIS found that...more
In light of Russia’s invasion of Ukraine and intensifying strategic competition with China, the U.S. government is prioritizing enforcement of export controls and economic sanctions in unprecedented ways. We expect higher...more
Effective February 5, 2023, a coalition of G7 countries, Australia, and the European Union have generally forbidden service providers to provide certain services relating to the maritime transport of certain Russia-origin...more
Effective December 5, 2022, a coalition of G7 countries, Australia, and the European Union have generally forbidden service providers to provide certain services relating to the maritime transport of Russia-origin crude oil...more
12/6/2022
/ Australia ,
Economic Sanctions ,
EU ,
Exports ,
G7 ,
General Licenses ,
Maritime Transport ,
Office of Financial Sanctions Implementation (OFSI) ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Oil Prices ,
Russia
On December 2, 2022, the U.S. Department of Commerce (“Commerce”) issued preliminary affirmative determinations of circumvention with respect to crystalline silicon photovoltaic (“CSPV”) cells and modules exported to the...more
12/6/2022
/ Anti-Dumping Duty ,
Cambodia ,
China ,
Countervailing Duties ,
Exporters ,
Imports ,
Malaysia ,
Plastic Solar Cells ,
Solar Panels ,
Tariffs ,
Thailand ,
U.S. Commerce Department ,
US Trade Policies ,
Vietnam ,
Waivers
Welcome to the Orrick Guide to Foreign Investment Reviews. This guide answers frequently asked questions regarding investment control regimes in various jurisdictions. It has been prepared by the experts in our offices...more
On October 7, 2022, the U.S. Commerce Department’s Bureau of Industry Security (“BIS”) released new export control regulations (the “New Regulations”) that intensify and complicate U.S. and non-U.S. companies’ international...more
The President has issued the first executive order providing formal direction to the Committee on Foreign Investment in the United States (“CFIUS”) on the risks that it should consider in its examination of foreign investment...more
On August 9, 2022, President Biden signed into law the highly anticipated CHIPS Act of 2022 (the “CHIPS Act”). Presented as being crucial to ensuring U.S. leadership in global chip production and technical capability against...more
8/30/2022
/ Biden Administration ,
Executive Orders ,
Manufacturers ,
NDAA ,
Popular ,
Research and Development ,
Semiconductors ,
Supply Chain ,
Tax Credits ,
Technology Sector ,
U.S. Commerce Department
On August 22, the U.S. Department of Commerce (“Commerce”) postponed its preliminary determinations in the solar panel antidumping and countervailing duty (“AD/CVD”) circumvention proceeding by 90 days. The preliminary...more
The Uyghur Forced Labor Prevention Act (the “Uyghur Act”) came into effect on June 21, 2022. As we described previously, the Uyghur Act establishes a rebuttable presumption that goods mined, produced, or manufactured, in...more
On June 6, 2022, the Biden Administration announced its intention to waive collection of antidumping (“AD”) and countervailing (“CVD”) duties on imports of crystalline silicon photovoltaic (“CSPV”) cells and modules from...more