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The China Select Committee proposes comprehensive 2024 U.S. economic strategy for countering PRC

On December 12, the Select Committee on the Chinese Communist Party of the U.S. House of Representatives issued a comprehensive economic strategy containing over 160 policy recommendations intended to “to fundamentally reset...more

Land of opportunity – why Australian investors are being drawn to the United States

Billions of dollars worldwide are pouring into the transition to green energy, no more so than in the United States (U.S.) where new legislation is providing a powerful stimulus. For Australian investors, the opportunity to...more

USTR calls for comments on continuation of China Section 301 tariffs

USTR announced that the actions arising from the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation would continue in light of hundreds of...more

Los inversionistas deben actuar con rapidez o perderán sus derechos de reclamación bajo el TLCAN

La posibilidad de presentar reclamos de inversiones existentes conforme al Capítulo 11 del Tratado de Libre Comercio de América del Norte (TLCAN) para la solución de controversias entre inversionistas y Estados pronto...more

Despite continuance, the Biden administration still considering relief on China Section 301 Tariffs

Last month, on 8 September 2022, USTR announced that representatives of domestic industries benefiting from the tariff actions in the Section 301 investigation of “China’s Acts, Policies, and Practices Related to Technology...more

Russia’s Purported Annexation of Parts of Eastern Ukraine Likely to Trigger Investment Treaty Claims Against Russia

On September 30, 2022, Russian President Vladimir Putin purported to annex four Ukrainian provinces: Luhansk, Donetsk, Kherson, and Zaporizhzhia. This escalation is likely to trigger investment treaty claims against Russia....more

The IRA’s transformative tax incentives for solar energy projects and manufacturing operations

The Inflation Reduction Act (IRA), as passed by the House and Senate, is a major political achievement for the Biden Administration, Senate Majority Leader Chuck Schumer (D-NY), and Democrats of the 117th Congress. This is...more

United States and Canada request consultations under the USMCA over Mexico's energy policies favoring CFE and PEMEX

On 20 and 21 July 2022, the United States and Canada requested consultations with Mexico under the United States-Mexico-Canada Agreement (USMCA) regarding various energy measures that favor Mexico's state-owned electrical...more

Los Estados Unidos y Canadá solicitan consultas en el marco del T-MEC por las políticas energéticas de México que favorecen a CFE...

Los días 20 y 21 de julio de 2022, los Estados Unidos y Canadá solicitaron consultas con México en el marco del Tratado entre México, Estados Unidos y Canadá (T-MEC) en relación con varias medidas energéticas que favorecen a...more

Preparing for CBP’s enforcement of the Uyghur Forced Labor Prevention Act’s rebuttable presumption

The Uyghur Forced Labor Prevention Act (“UFLPA”) rebuttable presumption became effective on 21 June 2022. U.S. Customs and Border Protection (“CBP”) released its Operational Guidance on 13 June 2022, and the Forced Labor...more

Foreign commercial activities in Russia: Analyze risks and consider consequences now

For those enterprises that have or had ongoing business arrangements and investments in Russia, now is the time to assess and fully understand risks entailed –whether electing to stay in Russia, to withdraw, or to curtail...more

New law bans imports from Xinjiang unless importer proves goods were not made with forced labor

On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (“UFLPA”). Most notably, the UFLPA strengthens the enforcement of Section 307 of the Tariff Act of 1930 by imposing a rebuttable...more

U.S. and EU have reached a settlement regarding Section 232 tariffs on steel and aluminum products

The U.S. and the EU have announced a settlement regarding the U.S. Section 232 duties on European steel and aluminum products. As part of that settlement, the U.S. Department of Commerce (Commerce) announced that the 25...more

Proposed rule seeks to significantly strengthen U.S. Government “Buy American” requirements

On 30 July 2021, the FAR Council published a proposed rule to significantly strengthen “Buy American” requirements applicable to goods sold to the U.S. Government. The proposed rule promotes the procurement of goods,...more

Biden Administration supports waiver of WTO IP rights for COVID-19: Next steps for innovators

On 5 May 2021, U.S. Trade Representative Katherine Tai announced that the Biden Administration would support India and South Africa’s request for a World Trade Organization (WTO) waiver of intellectual property (IP) rights...more

An overview of the impact of Mexico's new Electric Power Industry Law on foreign investors operating in the power sector in Mexico

Disputes involving statutory and regulatory changes are traditionally subject to litigation before local courts or local administrative bodies. Nonetheless, international investment arbitration offers foreign investors an...more

President Biden takes executive actions on climate change, clean energy, and scientific integrity

President Biden ran on an energy and environmental platform calling for a carbon-free power sector by 2035 and net-zero carbon emissions by 2050. The new Administration has hit the ground running with a raft of Executive...more

Biden Issues wide-ranging Buy American Executive Order – FAR rulemaking to come

On 25 January 2021, President Biden issued his first Buy American Executive Order (EO), titled Ensuring the Future Is Made in All of America by All of America’s Workers, which is meant to implement the “Made in America” plan...more

RCEP: What does it mean for future Asia-Pacific trade and U.S. companies operating in the region?

After eight years of back-and-forth negotiations, Asia’s Regional Comprehensive Economic Partnership on Trade (RCEP), the world’s largest regional trade agreement, was signed in an online ceremony on 15 November 2020....more

Year end COVID-19 relief/stimulus package includes sweeping energy provisions

The US$900 billion COVID-19 relief/stimulus package passed by Congress and signed by the President on December 27 includes sweeping energy provisions that constitute the most significant energy legislation passed by Congress...more

RCEP – bigger, but is it better? Taking Stock of Asia's new free trade agreement

After eight years of negotiation, the Regional Comprehensive Economic Partnership on Trade (RCEP), the world's largest regional trade agreement, was signed in an online ceremony on 15 November 2020. The trade deal lowers...more

Foreign investors harmed by trade measures may find relief by bringing investment arbitration claims

A recent investor-state arbitration decision under the investment chapter of the North American Free Trade Agreement (NAFTA Chapter 11), Vento v. Mexico, demonstrates that foreign investors protected by an international...more

DOE identifies foreign adversaries, seeks input on securing the U.S. bulk-power system

On 8 July 2020, the Department of Energy (DOE) published a Request for Information (RFI) regarding the implementation of Executive Order (EO) 13920 of 1 May 2020, on Securing the United States Bulk-Power System. See our prior...more

FTC proposal codifying “Made in USA” standard extends enforcement to online advertising, and enhances enforcement capabilities

The Federal Trade Commission (FTC) on 22 June 2020 voted to adopt regulations codifying its long-standing Enforcement Policy Statement on U.S. Origin Claims (Policy Statement). The proposed regulations come after the FTC...more

The USMCA enters into force: a glimpse into its investment chapter

On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) entered into force, and replaced the North America Free Trade Agreement (NAFTA). USMCA contains an investment chapter: Chapter 14. Like NAFTA, USMCA...more

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