The shape of the Biden administration’s international trade policy has begun to emerge, with few changes expected in some areas (e.g., China) but potential resolutions and new disputes in others (e.g., Europe). ...more
In a January 2021 webinar titled “The USMCA: Six Months On,” Skadden International Litigation and Arbitration partners Julie Bedard, David Herlihy, Timothy G. Nelson and Jennifer Permesly and CFIUS, National Security and...more
In response to the February 1, 2021, military coup in Burma (Myanmar), on February 10, 2021, President Joe Biden issued Executive Order 14014 (EO 14014), “Executive Order on Blocking Property With Respect to the Situation in...more
Takeaways
- Tariffs and other restrictions on trade with China are unlikely to change significantly under the Biden administration, so companies will have to adapt their operations and supply chains accordingly.
- A...more
On November 12, 2020, President Trump signed Executive Order 13959 prohibiting U.S. persons from engaging in any transaction in publicly traded securities in “Communist Chinese military companies” (CCMCs), effective January...more
11/18/2020
/ Biden Administration ,
China ,
Department of Defense (DOD) ,
Executive Orders ,
Foreign Relations ,
National Security ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Securities Transactions ,
Trump Administration
On November 4, 2020, the U.S. Department of Commerce issued its preliminary determination that passenger vehicle and light truck tires from Vietnam benefited from a range of government subsidies, including subsidies based on...more
11/12/2020
/ Countervailing Duties ,
Currency Exchange ,
Exchange Rates ,
Foreign Exchanges ,
Imports ,
International Trade Commission (ITC) ,
Statutory Authority ,
Trade Act of 1974 ,
U.S. Commerce Department ,
USTR ,
Vietnam
On October 8, 2020, the Office of the U.S. Trade Representative (USTR) issued notices launching two investigations with respect to Vietnam. USTR initiated investigations into the acts, policies and practices of Vietnam...more
10/13/2020
/ Cambodia ,
China ,
Comment Period ,
Countervailing Duties ,
Currency Control ,
Government Investigations ,
Illegal Activity ,
Imports ,
Public Comment ,
Request For Information ,
Section 301 ,
Tariffs ,
Timber ,
USTR ,
Vietnam ,
Wildlife Protection
On September 15, 2020, the Treasury Department issued final regulations that define when it is mandatory to file with the Committee on Foreign Investment in the United States (CFIUS). This final rule builds on regulations...more
9/23/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
Export Controls ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
NAICS ,
Technology Sector ,
U.S. Treasury
On July 30, 2020, the Committee on Foreign Investment in the United States (CFIUS or the Committee) released its annual report to Congress for calendar year 2019. CFIUS, an interagency committee led by the U.S. Department of...more
On October 14, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS) announced further amendments to ease U.S. sanctions and...more
10/28/2016
/ Aviation Industry ,
Barack Obama ,
Bureau of Industry and Security (BIS) ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Financial Institutions ,
General Licenses ,
Humanitarian Assistance ,
Imports ,
International Travel ,
Medical Research ,
Office of Foreign Assets Control (OFAC) ,
Pharmaceutical Industry
On September 20, 2016, the Bureau of Industry and Security (BIS) of the U.S. Commerce Department amended the Export Administration Regulations (EAR) and the list of goods, software and technology that are controlled under the...more
9/30/2016
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
CCATS ,
Commerce Control List ,
Cybersecurity ,
Dual Use Goods ,
ECCNs ,
Encryption ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Licensing Rules ,
Software ,
Technology ,
U.S. Commerce Department
The anti-dumping (AD) and countervailing duty (CVD) laws provide companies that manufacture products in the United States with a remedy for the injury caused by imports of products that are dumped (i.e., sold at unfairly low...more
On March 15, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS) announced regulatory amendments that further eased U.S....more
On January 27, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS) further eased U.S. sanctions and export control regulations...more
On January 16, 2016, the International Atomic Energy Agency verified that Iran had complied with the nuclear-related technical aspects of the Joint Comprehensive Plan of Action it had to complete before the first phase of...more
1/28/2016
/ Banking Sector ,
Economic Sanctions ,
EU ,
Foreign Entities ,
IAEA ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
SDN List
The U.S. export control system has undergone major reform in recent years, and companies have experienced both increased enforcement of export control laws and fines for violations, with more changes on the way. Skadden...more
1/19/2016
/ Acquisitions ,
Bureau of Industry and Security (BIS) ,
Criminal Prosecution ,
Defense Contracts ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
Personal Liability ,
Policy Violations ,
Successor Liability
On October 22, 2015, Skadden presented a webinar titled “The Latest Developments in U.S. Export Controls: Export Control Reform and Compliance Strategies.” Guest speakers were Benjamin Turkel, trade compliance counsel at...more
On September 21, 2015, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) amended their respective Cuba regulations to...more
9/30/2015
/ Airlines ,
Bureau of Industry and Security (BIS) ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Institutions ,
Financial Transactions ,
Information Technology ,
Internet Service Providers (ISPs) ,
Licenses ,
Office of Foreign Assets Control (OFAC) ,
Physical Presence Test ,
Sanctions ,
Telecommunications ,
U.S. Commerce Department ,
Vessels
On May 5, 2015, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) and the U.S. State Department’s Directorate of Defense Trade Controls (DDTC) proposed extensive revisions to the current U.S. export...more
In 1976, Congress passed legislation requiring the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to collect information on investment flows between the United States and foreign countries. Subsequently...more
4/14/2015
/ Airlines ,
BEA ,
Corporate Counsel ,
Credit Cards ,
Financial Institutions ,
Foreign Investment ,
International Finance ,
Investment Funds ,
Penalties ,
Reporting Requirements ,
Surveys
In the first comprehensive rewrite of the U.S. controls on exports of unclassified nuclear technology and assistance in nearly 30 years, the National Nuclear Security Administration of the U.S. Department of Energy (DOE) has...more
Following closely on the heels of the reinstated reporting requirements for inbound and outbound direct investment involving U.S. entities, the U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) has announced...more
Since the 1960s, the United States has maintained an embargo on Cuba that in many respects is the most comprehensive set of economic and trade restrictions on any country. On January 16, 2015, amendments to regulations issued...more
1/21/2015
/ Amended Regulation ,
Banking Sector ,
Bureau of Industry and Security (BIS) ,
Cuba ,
Embargo ,
Executive Orders ,
Exports ,
Imports ,
Obama Administration ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Telecommunications ,
Trade Relations ,
Travel Permits
Pursuant to the requirements of the International Investment and Trade and Services Survey Act and related statutes, the U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) collects information on international...more
On November 7, 2014, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) announced a final rule implementing controls on exports, re-exports and transfers of a variety of goods, software and technologies for...more
11/13/2014
/ Bureau of Industry and Security (BIS) ,
China ,
Export Controls ,
Exports ,
Final Rules ,
Manufacturers ,
Military End Use ,
Russia ,
Software ,
Technology ,
Venezuela