U.S. Commerce Department

News & Analysis as of

A Privacy Shield Replaces a Safe Harbor for the Swiss, Too

US companies with employees or clients in Switzerland will be interested to hear that the new Swiss-US Privacy Shield was approved on 11 January. Although Switzerland is not a member of the European Union, its data...more

Checklist: Preparing for potential US trade policy changes in 2017 and beyond

This checklist is designed to help you focus on steps you can take now to get ready for possible US trade policy shifts under a new presidential administration. As a 2016 US presidential candidate, Donald J. Trump made...more

Trade & Manufacturing - News of Note - January 2017

Customs and Border Protection Issues Update On Enforcement Of Trade Orders - U.S. Customs and Border Protection (CBP) released its AD/CVD Update for June/July 2016. As explained in the January 2015 and the August 2016...more

Swiss-U.S. Privacy Shield Framework to Launch April 12

On January 11, 2017, the U.S. Department of Commerce, the Swiss Federal Council and the Swiss Federal Data Protection and Information Commissioner (FDPIC) issued press releases announcing that an agreement has been reached on...more

The Undoing Project – Why NAFTA Can’t be Undone, but Can be Re-Done

Boy, does it sound convincing when Mr. Trump states he will submit notice under section 2205 of NAFTA to let Mexico and Canada know that the U.S. will withdraw from NAFTA. The problem is, while the president-to-be is capable,...more

International Trade Litigation and the New Trump Administration: Your Top Ten Questions Answered

Globalization and the need to efficiently deploy corporate resources have led many multinational companies to establish global supply networks. Although these efforts often lead to the efficient deployment of capital,...more

White House Imposes Sanctions in Response to Malicious Russian Cyber Activity

On Dec. 29, 2016, in response to the Russian government’s “aggressive harassment of U.S. officials and cyber operations aimed at the U.S. election,” President Obama issued an Executive Order Taking Additional Steps to Address...more

President-Elect Trump Announces Nominations for Treasury Secretary and Commerce Secretary

Over the past month, President-elect Donald Trump has made several selections for key administration posts. Notably, President-elect Trump said he would nominate Steven Mnuchin to serve as Treasury Secretary. Mnuchin was the...more

United States Imposes Cybersecurity Sanctions on Russia

Key Points - - This action marks the first time sanctions have been imposed under the Cybersecurity Sanctions Program established on April 1, 2015, with the designation of nine entities and individuals. -...more

How Could Trump Change U.S. Policy on Cuba?

A number of writers have recently looked at the possibilities for changes in U.S. policy coming out of the Trump administration.  In that regard, it’s important to note how fragile the current arrangement is with Cuba and how...more

Implications of the 2016 US Presidential Election for Trade Policy

The election of Donald J. Trump as the 45th President of the United States will have important implications for US trade policy. Assessing these implications in the immediate aftermath of the presidential election is,...more

EU-U.S. Privacy Shield: Assessing The New Regime

Businesses have now had four months to get to grips with the new EU-U.S. Privacy Shield for transatlantic data transfers after it came into force in August 2016. As the New Year looms, what are the emerging trends we have...more

In Data Privacy, Don’t Forget the State Attorneys General

State attorneys general play an active role in data privacy and security matters. Their involvement is increasing as they grapple with changing technologies and threats, rapidly evolving state laws and their relatively broad...more

A Report on The World’s Most Innovative Universities Affirms Strengths of Massachusetts Universities and Others Around the World

As the recent U.S. Commerce Department survey affirmed (and discussed in our blog previously), intellectual property (IP) is a significant driver for our economy. Since universities are both key sources of IP and training...more

Make Sure You Address Compliance with Export Controls

Compliance officers have to avoid professional myopia. The focus of compliance these days has been on anti-corruption, antitrust, and AML, depending on your company’s industry. They fit nicely together under an...more

Commerce Department Investigates Evasion of Steel Duties

On November 14 and 17, the U.S. Department of Commerce (Commerce) published initiation notices for anti-circumvention inquiries on the antidumping and countervailing duty orders on corrosion-resistant steel and cold-rolled...more

EU-US Privacy Shield challenged in the European Court of Justice

Just four months after its adoption by the European Commission, the EU-U.S. Privacy Shield is facing its first formal legal challenge. The challenge comes from the Irish advocacy group Digital Rights Ireland, who is...more

U.S. Lumber Producers Target Softwood Lumber Imports from Canada; Bilateral Negotiations Reinvigorated

Following a recent breakdown of bilateral negotiations, a group of U.S. companies calling itself COALITION (Committee Overseeing Action for Lumber International Trade or Negotiations) filed antidumping (AD) and countervailing...more

Continuation of ZTE General License Until February 27, 2017

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

November 15, 2016 Implementation Date for BIS and DDTC Harmonized Destination Control Statements

As part of the President's Export Control Reform (E CR) initiative, the Department of Commerce, Bureau of Industry and Security (BIS) and the Department of State, Directorate of Defense Trade Controls (DDTC) issued a final...more

Privacy Rights Group Files First Legal Challenge to EU-U.S. Privacy Shield

Digital Rights Ireland, an Irish privacy advocacy group, has filed the first legal challenge to the EU-U.S. Privacy Shield, the Trans-Atlantic agreement reached earlier this year to permit the lawful transfer of personal data...more

EU-U.S. Privacy Shield Faces Judicial Attack

The EU-U.S. Privacy Shield (“Privacy Shield”) is already under challenge before the European courts, after having been approved only some months ago by the European Commission (“EU Commission”). The European courts’...more

How Can Yahoo E-Mail Scanning Impact the EU-U.S. Privacy Shield?

Reuters reported earlier this month that, according to three former employees, Yahoo Inc. had “complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo mail accounts at the behest of the NSA...more

Asia-Pacific Data Flow

On October 19, the US Department of Commerce and the Personal Information Protection Commission of Japan announced their commitment to expand the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules (CBPR)...more

U.S. Commerce Department Releases Updated Report Showing Intellectual Property-Intensive Industries Contribute $6.6 Trillion and...

The U.S. Commerce Department recently released a comprehensive report, entitled “Intellectual Property and the U.S. Economy: 2016 Update” (the “Report”). The Report, which was co-authored by the Economics & Statistics...more

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