U.S. Initiates Indo-Pacific Economic Framework in the South Pacific
By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group, and Harold Jackson, Associate Attorney
On May 23 in Tokyo, Japan, the U.S. and other countries in the Pacific region launched the Indo-Pacific Economic Framework for Prosperity (“IPEF”). The countries included are Australia, Brunei, India, Indonesia, Japan, South Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam. The White House claims these countries represent 40% of the world’s Gross Domestic Profit (GDP), and that the Indo-Pacific region supports more than 3 million American jobs and is the source of an estimated $900 billion in foreign direct investment in the U.S.
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U.S. Customs and Border Protection (“CBP”) released its first set of guidance relating to the Uyghur Forced Labor Prevention Act (“UFLPA”), which is set to take effect on June 21, 2022. CBP’s guidance takes the form of a website that is a homepage for UFLPA-related guidance, FAQs, webinars, graphics, and CBP contact information. This essential UFLPA homepage can be accessed at: www.cbp.gov/trade/forced-labor/UFLPA.
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Many importers are eagerly awaiting the United States Trade Representative’s (“USTR”) required four-year review of the Section 301 Chinese tariffs. Section 301 of the Trade Act of 1974 grants the Office of the USTR a range of responsibilities and authorities to investigate and take action to enforce U.S. rights under trade agreements and respond to certain foreign trade practices. In 2017, the USTR opened an investigation under Section 301 to determine whether the actions by China relating to technology transfer, intellectual property, and innovation were actionable under U.S trade law. Since the initial investigation, and based on the results of the investigation, the USTR has imposed Section 301 tariffs (ranging from 7.5% to 25%) on four different lists:
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In a recent article (https://www.braumillerlaw.com/executive-order-digital-assets-start-responsible-regulation/), I provided snapshot of the many reports required by the Executive Order on Ensuring Responsible Development of Digital Assets issued on March 9, 2022. A major goal of this federal government effort is to assess and analyze the digital asset sector to determine whether it is advisable to develop a central bank digital currency (CBDC). This article provides an overview of the issues surrounding CBDCs in a Q&A format to provide a lens for the analysis of the many government reports due in September, October and through the end of this year.
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Here we are, at the time of this writing over four months into the Russian invasion of Ukraine, with no end in sight. I will personally submit that I am, appalled that this, the murder of innocent civilians and devastation of another country’s infrastructure, can be permitted to continue, as we watch from the sidelines as if it was just another simple documentary on another war. Yes, many nations, like the U.S. are providing support in humanitarian aid and weapons, but the limits that we have put on military participation simply because Ukraine is not a NATO country is ridiculous in my opinion.
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Primer on Deemed Export Compliance
By Harold Jackson (Associate Attorney), Braumiller Law Group
When most people think of exports, they imagine the movement of merchandise across international borders. However, an export can happen without having to leave the United States, such as in your office breakroom, by storing unencrypted information in the cloud, or even by sharing your screen on a video call. A “deemed” export occurs when certain types of information are released to a foreign person. This primer seeks to describe the introductory concepts of deemed export enforcement in the United States, which contemplates the rules enforced by the Bureau of Industry and Security (“BIS”) under the Export Administration Regulations (“EAR”), as well as the rules enforced by the Directorate of Defense Trade Controls (“DDTC”) under the International Traffic in Arms Regulations (“ITAR”).
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Rapid growth, which usually indicates a positive stage for companies, comes with potential downsides, as seen in the cautionary tale of Toll Holdings.
The Office of Foreign Asset Controls (OFAC) fined Toll Holdings (“Toll”), a 134-year-old freight and logistics company based in Melbourne, Australia, over $6.13 million for nearly 3,000 self-disclosed violations of U.S. sanctions policy. OFAC stated the violations stemmed from “rapid” expansion “without a requisite increase in compliance resources.” Think about that statement. When companies grow rapidly, it is not unusual for compliance and other foundational services to lag while the company realigns its core support structures.
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