On Friday, September 13, 2024, the Office of the United States Trade Representative (“USTR”) announced its final modifications to the Section 301 tariffs on Chinese-origin goods. USTR will keep all of the proposed tariff...more
9/18/2024
/ Biden Administration ,
Certification Requirements ,
China ,
Consumer Product Safety Commission (CPSC) ,
Exemptions ,
Importers ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
On September 6, the Bureau of Industry and Security (“BIS”) in the U.S. Commerce Department issued an interim final rule (“IFR”) under the Export Administration Regulations (“EAR”) to add new export controls on semiconductor,...more
9/13/2024
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Technology Sector ,
U.S. Commerce Department
As Russia continues its war against Ukraine and Ukraine has itself recently opened a new front by capturing Russian territory in its Kursk region, the United States announced on August 23 its latest tranche of sanctions...more
9/6/2024
/ Biden Administration ,
Corporate Counsel ,
Defense Sector ,
Economic Sanctions ,
Export Controls ,
Exports ,
Foreign Policy ,
G7 ,
General Licenses ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Record Retention ,
Russia ,
SDN List ,
Statute of Limitations ,
Technology Sector ,
U.S. Commerce Department ,
Ukraine
The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies...more
7/19/2024
/ Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NPRM ,
Outbound Transactions ,
Popular ,
Proposed Rules ,
Technology ,
Technology Sector ,
U.S. Treasury
On May 14, 2024, the Biden Administration proposed to maintain the existing tariffs on Chinese-origin goods imposed by the Trump Administration under Section 301 of the Trade Act of 1974 (“Section 301”). ...more
On February 23, building mainly upon the broad authority of Executive Order 14024 (“EO 14024”)[1] issued by President Joe Biden in 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the...more
3/5/2024
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Defense Sector ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Foreign Trade Regulations ,
General Licenses ,
Iran ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
As the February 2022 Russian invasion of neighboring Ukraine approaches its second anniversary and as Russia has increasingly turned to covert relationships with third country providers to avoid U.S., European Union and other...more
2/6/2024
/ Banking Sector ,
CAPTA List ,
Economic Sanctions ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia
According to the National Center for Science and Engineering Statistics (“NCSES”), a key driver in the scientific and technological accomplishments of U.S. research universities is the volume of federal support for research...more
9/7/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Colleges ,
Department of Defense (DOD) ,
Economic Sanctions ,
Educational Institutions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Federal Funding ,
Foreign Entities ,
Foreign Policy ,
National Security ,
Popular ,
Research and Development ,
Russia ,
Scientific Research ,
SDN List ,
State-Owned Enterprises ,
Universities
As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the...more
On August 9, President Biden issued Executive Order 14105 (“EO 14105”) on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. EO 14105 significantly reshapes...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Civil Monetary Penalty ,
Economic Sanctions ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Notice Requirements ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Public Comment ,
Regulatory Agenda ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On August 9, after months of deliberations, President Biden issued a new Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the “EO”)....more
Recently the Committee on Foreign Investment in the United States (“CFIUS”, or the “Committee”) announced three changes that impact how the Committee evaluates foreign investments in U.S. businesses. While the changes appear...more
The U.S. Department of Justice (“DOJ”) on May 16 announced criminal charges and arrests that highlight risks for companies from U.S. and non-U.S. networks and individuals that seek to unlawfully divert U.S. goods, services,...more
5/22/2023
/ Arms Export Control Act ,
China ,
Criminal Investigations ,
Criminal Prosecution ,
Defense Sector ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
Economic Sanctions ,
Enforcement Priorities ,
Export Controls ,
Exports ,
FBI ,
Financial Services Industry ,
Intellectual Property Protection ,
Iran ,
Russia ,
Technology Sector ,
Theft
On April 5, the U.S. Treasury Department's Office of Foreign Assets Control (“OFAC”) in the U.S. Department of the Treasury named Genesis Market to OFAC’s Specially Designated Nationals List (“SDN List”). Genesis Market is...more
4/27/2023
/ Cryptocurrency ,
Cyber Crimes ,
Cyber Threats ,
Dark Web ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
FBI ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Online Platforms ,
Russia ,
SDN List ,
U.S. Treasury
On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023. The law directs the Department of the Treasury, in coordination with the Department of Commerce and other Federal partners, “to...more
4/4/2023
/ Biden Administration ,
CFIUS ,
China ,
Consolidated Appropriations Act (CAA) ,
Executive Orders ,
Foreign Investment ,
National Security ,
Outbound Transactions ,
Russia ,
U.S. Commerce Department ,
U.S. Treasury
The International Investment and Trade in Services Survey Act ("IITSSA"), 22 USC § 3101 requires the Bureau of Economic Analysis (“BEA”) within the U.S. Department of Commerce to conduct a national survey of foreign direct...more
3/28/2023
/ BEA ,
Benchmarks ,
Bureau of Economic Analysis ,
Corporate Counsel ,
Filing Deadlines ,
Foreign Direct Investment ,
Foreign Investment ,
Reporting Requirements ,
Required Forms ,
Surveys ,
U.S. Commerce Department
On February 24, the U.S. Government issued a series of tariff and sanctions related announcements to coincide with the anniversary of Russia's invasion of Ukraine. The White House issued a proclamation1 (“Proclamation”) to...more
Ongoing tensions between the United States and China have resulted in an expansion of U.S. export controls and trade sanctions against China. The Biden Administration’s October 2022 National Security Strategy (“2022 NSS”)...more
2/17/2023
/ Belarus ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Economic Sanctions ,
Embargo ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Foreign Relations ,
Popular ,
Russia ,
Technology ,
Trade Relations
On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in...more
1/23/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Corporate Counsel ,
Economic Sanctions ,
Export-Import Bank of the US ,
Foreign Entities ,
Foreign Persons ,
Intellectual Property Protection ,
International Trade ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Theft ,
Trade Secrets ,
U.S. Commerce Department ,
USPTO
On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act of 2023 (“Omnibus Bill”). The “Merger Filing Fee Modernization Act of 2022” substantially changes the filing fee schedule (with...more
On November 25, 2022, the Federal Communications Commission (“FCC”) adopted new rules to block the importation of telecommunications equipment considered unacceptably hazardous to U.S. national security. These new FCC rules...more
On October 7, 2022, the Biden Administration announced new restrictions on exports to China of advanced integrated circuits (“ICs”), computers and components containing advanced ICs, semiconductor manufacturing equipment, and...more
11/28/2022
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Popular ,
Semiconductors ,
Software ,
Technology ,
Trade Restrictions
On September 15, 2022, President Biden issued Executive Order 14083 (“EO 14083”) that the White House describes as a “first-ever presidential directive defining additional national security factors for CFIUS to consider in...more
The Committee on Foreign Investment in the United States (“CFIUS”) released its much-anticipated Calendar Year 2021 Annual Report that provides useful insights into how CFIUS operates, the types of transactions it is...more
8/11/2022
/ Annual Reports ,
CFIUS ,
China ,
Compliance ,
Corporate Counsel ,
Defense Production Act ,
FIRRMA ,
Foreign Investment ,
Government Investigations ,
National Security ,
Notice Requirements ,
Risk Mitigation
On June 13, 2022, U.S. Customs and Border Protection (“CBP”) published its long-awaited operational guidance (“Guidance”) to importers to explain how CBP plans to implement the Uyghur Forced Labor Prevent Act (“UFLPA”) that...more
6/21/2022
/ CAATSA ,
China ,
Customs and Border Protection ,
Disclosure Requirements ,
Enforcement ,
Forced Labor ,
Forfeiture ,
Human Rights ,
Importers ,
Imports ,
Rebuttable Presumptions ,
Supply Chain ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)