U.S. Commerce Department

News & Analysis as of

CBP Releases New Regulations on Anti-Dumping and Countervailing Duty Evasion, Which Take Immediate Effect

CBP has released the highly anticipated AD/CV duty evasion regulations, which promulgate an administrative procedure for investigating AD/CV duty evasion allegations that CBP must follow. The regulations will undoubtedly...more

IRS Publishes List of Countries Requiring Cooperation with an International Boycott

Non-listed countries can also present compliance issues under both IRS and Commerce Department Requirements. On August 5, the US Department of the Treasury’s Internal Revenue Service (IRS) published in the Federal...more

Second Continuation of General License for Exports, Reexports, and Transfers to ZTE

For the second time, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) is extending the general license for exports, reexports (shipments from one foreign country to another foreign country), and...more

The EU’s Data Transfer “Privacy Shield”—Full Body Armor or a Candle in the Wind?

With the August 1st start of the Privacy Shield, the European Commission’s new and long-awaited transatlantic data transfer agreement with the U.S., businesses that had previously relied on the invalidated Safe Harbor scheme...more

Privacy Shield's Day After

Every generation eventually reaches a point (some might call it “early middle age”) where its formative years become the focus of widespread nostalgia. As indicated by the success of the recent Star Wars sequel and numerous...more

In Case You Missed It: Launch Links - August, 2016

Some interesting links we found across the web this week: - Department of Commerce Now Accepting Privacy Shield - Self-Certifications: A Primer for Compliance and Self-Certification We’ve mentioned many times...more

EU-US Privacy Shield Framework Formally Adopted

On July 12, 2016, the European Commission formally adopted the Privacy Shield, a new transatlantic framework for the transfer of personal data from the European Union (EU) and certain countries of the European Economic Area...more

EU-US Privacy Shield: How to Certify

Following formal approval of the EU-US Privacy Shield, US organizations will now be considering how to apply for Privacy Shield certification. On July 12, 2016, the European Commission formally approved and adopted the...more

Locke Lord Article: EU-U.S. Privacy Shield Now Available: What impact will it have on personal data transfers?

Beginning on August 1, 2016, U.S. companies have a new way to legally facilitate the transfer of personal data from the European Union to the U.S. Known as the EU-U.S. Privacy Shield, this new agreement between the EU and the...more

EU-U.S. Privacy Shield: “Open for Business”

On August 1, 2016, the Department of Commerce began accepting applications for self-certification under the new Privacy Shield requirements. Privacy Shield was approved by the European Union (EU) on July 12, 2016, and...more

Letter to Colombian President Encourages Grant of Compulsory License for Imatinib

Last month, we reported on letters sent by two Senators and fifteen Representatives to the U.S. Trade Representative, seeking clarification regarding the Administration's position on compulsory licenses. The letters were...more

Department of Commerce Now Accepting Privacy Shield Self-Certifications: A Primer for Compliance and Self-Certification

The Privacy Shield framework is a voluntary program that provides companies with a mechanism for complying with EU data protection requirements when transferring personal data from the EU to the US. The framework is open to...more

This Week in Privacy Shield Developments

It’s been another exciting week of developments for U.S. companies on the EU data transfer front. From the first company to indicate that it will certify under Privacy Shield, to the first European Data Protection Authority...more

ITC Puts 337 Case on Imports of Steel on Hold

On April 26, the United States Steel Corporation (U.S. Steel) filed a complaint with the International Trade Commission (ITC) alleging that certain unfair trade practices relating to the import of steel carbon and alloy steel...more

Department of Commerce Now Accepting Privacy Shield Self-Certifications: A Primer for Compliance and Self-Certification

The Privacy Shield framework is a voluntary program open to US businesses subject to enforcement by the US Federal Trade Commission or the US Department of Transportation. It replaces the Safe Harbor program and has a number...more

Is Your Business Ready to Wield the Privacy Shield?

Beginning August 1, U.S.-based companies that self-certify their compliance with the EU-U.S. Privacy Shield will be able to import data under the new data transfer framework. But how can your company best...more

EU-U.S. Privacy Shield: Companies Can Now Certify

As of, August 1st, 2016, U.S. companies can now join the Safe Harbor successor EU-U.S. Privacy Shield (the “Privacy Shield”) for personal data transfers from the EU to the U.S. This post gives a high level summary of...more

If Your Company Receives EU Citizens’ Personal Data, Privacy Shield Self-Certification Is Now Open – And the Clock is Ticking on...

If your company transfers the personal information of European Union citizens to the United States, you likely have kept a close eye on the evolution of EU privacy law since a European court invalidated the former EU-U.S....more

New Safe Harbor Process for Transfer of Personal Data Between US and EU

If your company does business in Europe — including by selling products or services or by employing or collecting information about European residents — and transfers information or data to the US, you must comply with new EU...more

Call for SME Exporters to Join New Commerce Advisory Council To Ensure Financing Options

The Commerce Department this week announced the establishment of the Trade Finance Advisory Council (TFAC), the mission of which will be to advise the Secretary on how the U.S. may support small and medium-sized U.S. business...more

“Battle-ready” Privacy Shield gets muted welcome from EU data protection authorities

On 26 July, the Article 29 Data Protection Working Party (WP29) released a statement outlining its opinion on the EU-U.S. Privacy Shield, which was adopted by the European Commission earlier this month. After praising the...more

The Dispute Resolution Mechanisms Under the Privacy Shield: What Happens if I Join Privacy Shield and Someone Submits a Complaint?...

The first installment in our month-long series dissecting the new “Privacy Shield” framework for transferring data from the EU to the United States discussed the history and implementation of the Privacy Shield. The second,...more

Article 29 Working Party on the EU-US Privacy Shield: A Number of Concerns Remain But Let’s See How It Works

Article 29 Working Party on the EU-US Privacy Shield: The EU’s Article 29 Working Party analyzed the final version of the Privacy Shield and issued a statement on July 26, 2016. What does this mean?...more

Decision Clears Path for Companies to Participate in the Privacy Shield

A critical decision today by European Union privacy officials ends the era of uncertainty for the 4,000 plus U.S.-based companies and the thousands of EU-based companies that formerly relied on the U.S.-EU Safe Harbor...more

A Fragile Shield? Managing the Risks of EU-U.S. Data Transfer

Following European Commission adoption of the Privacy Shield on July 12, 2016, and with Privacy Shield self-certification poised to open for business organizations on August 1, 2016 as a replacement for the invalidated...more

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