As discussed in our May 7, 2024 alert, on April 24, 2024, President Biden signed into law a foreign military support package (i.e., H.R. 815), which included a provision doubling the statute of limitations (“SOL”) from five...more
9/24/2024
/ Civil Monetary Penalty ,
Cuban Assets Control Regulations (CACR) ,
Department of Labor (DOL) ,
Economic Sanctions ,
Enforcement ,
Interim Final Rules (IFR) ,
International Emergency Economic Powers Act (IEEPA) ,
Investigations ,
Office of Foreign Assets Control (OFAC) ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Statute of Limitations ,
TWEA
To curtail U.S. persons from supporting the efforts of adversarial regimes, such as China and Russia, in advancing their military and intelligence capabilities, the U.S. is proposing a significant expansion of export control...more
8/13/2024
/ Cannabis Products ,
China ,
Commerce Control List ,
Directorate of Defense Trade Controls (DDTC) ,
End-Users ,
Export Administration Regulations (EAR) ,
Export Controls ,
Facial Recognition Technology ,
Foreign Policy ,
National Security ,
Proposed Rules ,
Russia ,
SDN List ,
Software ,
Technology Sector ,
U.S. Commerce Department
The Proposed Rule expands CFIUS’s authority to review certain transactions by foreign persons involving real estate close to over 50 additional military installations.
On July 8, 2024, the U.S. Department of the Treasury...more
Regulations ultimately will implement a new program restricting certain investments related to China-
On June 21, 2024, the U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (the “Rule”)...more
7/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
Enforcement ,
Foreign Entities ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
Investors ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Outbound Transactions ,
Proposed Rules ,
U.S. Treasury
The existing Section 301 duties will continue, with tariff increases on $18 billion of Chinese imports in strategic sectors (to be implemented by forthcoming regulations following a notice and comment process) -
On May 14,...more
5/15/2024
/ China ,
Customs and Border Protection ,
Globally Harmonized System ,
Imports ,
Section 301 ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
US Trade Policies ,
USTR ,
WTO
Implications Related to the Doubling of the Statute of Limitations for Civil and Criminal Violations of Two Primary Sanctions Authorities -
SUMMARY -
On April 24, 2024, President Biden signed into law a foreign military...more
5/8/2024
/ Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Due Diligence ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Office of Foreign Assets Control (OFAC) ,
Policies and Procedures ,
Sanction Violations ,
Self-Disclosure Requirements ,
Statute of Limitations ,
Trading with the Enemy Act ,
Voluntary Disclosure
The Biden Administration announced on February 29, 2024, that it is commencing an inquiry into whether the involvement of “foreign adversaries” in the information and communications technology and services (“ICTS”) supply...more
3/7/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Cybersecurity ,
Data Collection ,
Electric Vehicles ,
Inflation Reduction Act (IRA) ,
Investment ,
National Security ,
New Regulations ,
Popular ,
Tax Incentives ,
U.S. Commerce Department
Revised guidance takes effect on October 22, 2023 and will be supplemented by forthcoming memorandum -
On August 23, the Office of Management and Budget (“OMB”) published final Guidance for Grants and Agreements to...more
Soon to be law, the bill will require many foreign companies doing business in Canada to report annually; first reports will be due May 31, 2024 -
On May 3, 2023, Canada’s Parliament passed Bill S-211, An Act to enact the...more
5/12/2023
/ Canada ,
Child Labor ,
Fines ,
Forced Labor ,
Foreign Corporations ,
Imports ,
Modern Slavery Act ,
Reporting Requirements ,
Supply Chain ,
Tariffs ,
Transparency ,
United States-Mexico-Canada Agreement (USMCA)
Applications For Leading Edge Commercial Fabrication Facilities And For Current-Generation Facilities Accepted Beginning March 31, 2023 And June 26, 2023, Respectively -
On August 9, 2022, President Joseph R. Biden signed...more
On February 1, 2023, the U.S. International Trade Commission (the “ITC”) initiated an investigation into the impact of intellectual property (“IP”) rights on the production, supply, and availability of diagnostics and...more
On January 26, 2023, U.S. Customs and Border Protection (“CBP”) provided more detail on its imminent implementation of another tool to detect potential forced labor imports into the United States. CBP confirmed that it will...more
Detailed questionnaire also seeks extensive information on economic impacts of the tariffs -
On November 1, 2022, the Office of the United States Trade Representative (“USTR”) released a questionnaire (the “Questionnaire”)...more
11/7/2022
/ China ,
Foreign Equity Securities ,
Foreign Ownership ,
Investment ,
NAICS ,
Questionnaires ,
Section 301 ,
Tariffs ,
Trade Act of 1974 ,
USTR ,
WTO
Publication indicates a more robust enforcement posture -
On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more
11/2/2022
/ Aggravating Factors ,
CFIUS ,
Enforcement ,
Failure-to-File ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Good Faith ,
Investment ,
Material Misstatements ,
Mitigating Factors ,
Negligence ,
Omissions ,
Penalties ,
Remediation ,
Self-Disclosure Requirements ,
Subpoenas ,
Transparency ,
U.S. Treasury
A bipartisan group of U.S. senators introduced legislation on June 23, 2022, to provide the federal government authority to limit or prevent the sale of Americans’ personal data to “high-risk” countries and malign foreign...more
10/6/2022
/ Cybersecurity ,
Data Protection ,
Data Security ,
DFSA ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Licensing Rules ,
National Security ,
NIST ,
Personal Data ,
Proposed Legislation
On 31 August 2022, the UN Office of the High Commissioner for Human Rights (the “High Commissioner” or “OHCHR”) published its long-awaited Assessment of Human Rights Concerns in the Xinjiang Uyghur Autonomous Region, China....more
Ensuring a responsive CFIUS in an evolving national security landscape -
On September 15, 2022, President Biden signed an Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the...more
9/20/2022
/ Artificial Intelligence ,
Biotechnology ,
CFIUS ,
Clean Energy ,
Climate Change ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Investment ,
Infrastructure ,
National Security ,
Supply Chain
On August 9, 2022, President Joseph R. Biden signed the CHIPS and Science Act of 2022 (the “CHIPS Plus Act”). As enacted, the CHIPS Plus Act amends legislation and appropriates funding for semiconductor incentives originally...more
EVALUATES INFORMATION AND COMMUNICATIONS TECHNOLOGY INDUSTRY AND PROPOSES RECOMMENDATIONS FOR INCREASED DOMESTIC PRODUCTION -
This is the third in a series of client alerts regarding intensive assessments of six key supply...more
DEPARTMENT OF ENERGY PROPOSES SEVERAL POLICY ACTIONS TO OVERCOME ENERGY SUPPLY CHAIN CHALLENGES AND TRANSITION TO CLEAN ENERGY -
This is the second in a series of client alerts that will be published in the near future...more
5/3/2022
/ Batteries ,
Biden Administration ,
Charging Stations ,
Clean Energy ,
Department of Defense (DOD) ,
Department of Education ,
Department of Energy (DOE) ,
Department of Labor (DOL) ,
Electric Vehicles ,
Executive Orders ,
Foreign Suppliers ,
Infrastructure ,
Manufacturers ,
National Security ,
OMB ,
Research and Development ,
SBA ,
Supply Chain ,
US Trade Policies
Evaluates Defense Industrial Base Supply Chains and Outlines Strategic Investments in Vital National Security Items -
This is the first in a series of client alerts that will be published in the near future regarding...more
4/1/2022
/ Batteries ,
Defense Production Act ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Transportation (DOT) ,
Energy Storage ,
Executive Orders ,
Federal Procurement Systems ,
Infrastructure ,
Joe Biden ,
Supply Chain ,
U.S. Commerce Department
Reports identify weaknesses and introduce plans to strengthen certain critical supply chains -
On February 24, 2022, the Biden Administration released a Plan to Revitalize American Manufacturing and Secure Critical Supply...more
3/7/2022
/ Batteries ,
Biden Administration ,
Defense Production Act ,
Department of Agriculture ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Executive Orders ,
Export-Import Bank of the US ,
Manufacturers ,
Pharmaceutical Industry ,
Semiconductors ,
Supply Chain ,
USDA
Legislation Introduced In The Context Of Significant Federal Attention To Vulnerable Supply Chains, Including Critical Minerals And Materials -
On January 14, 2022, Senators Tom Cotton (R-AR) and Mark Kelly (D-AZ)...more
1/26/2022
/ Arms Export Control Act ,
China ,
Department of Defense (DOD) ,
Department of the Interior ,
Imports ,
NDAA ,
Proposed Legislation ,
Rare Earth Metals ,
Supply Chain ,
Trade Act of 1974 ,
USTR
Creates A New Forced Labor “Presumption” That Would Prohibit Certain Imports From Entry Into The United States, Among Other Measures, To Address Forced Labor In China -
On December 23, 2021, President Biden signed into law...more
1/14/2022
/ China ,
Clean Energy ,
Customs and Border Protection ,
Economic Sanctions ,
Forced Labor ,
Human Rights ,
Imports ,
Semiconductors ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
Unruh Civil Rights Act ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
Recent Developments Include Proposed Federal Acquisition Regulation Amendments And An Investigation Of Foreign Trade Zones -
The United States continues to take several actions in connection with implementation of the...more
12/23/2021
/ Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Foreign Trade Zones ,
General Services Administration (GSA) ,
International Trade ,
NAFTA ,
NASA ,
Notice of Proposed Rulemaking (NOPR) ,
Tariff Act of 1930 ,
Trade Expansion Act of 1962 ,
United States-Mexico-Canada Agreement (USMCA) ,
USTR ,
WTO