Watch Out, More Things Are Luxury Than You Think!
On March 11, 2022, the President issued Executive Order 14068 (EO 14068) Prohibiting Certain Imports, Exports, and New Investment with Respect to Continued Russian...more
3/15/2022
/ Belarus ,
Economic Sanctions ,
Energy Sector ,
EU ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
Imports ,
Most-Favored Nations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trade Restrictions ,
U.S. Treasury ,
Ukraine
In a coordinated effort, on March 2, 2022, the White House announced another round of broad trade controls and sanctions against Russia and now Belarus in response to Russia’s military invasion of Ukraine.
The White House...more
3/7/2022
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Export Controls ,
Foreign Direct Product Rule ,
Licenses ,
Military End Use ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
U.S. Commerce Department ,
Ukraine
On February 25 and 28, 2022, the US Treasury Department, Office of Foreign Assets Control (OFAC) issued its fifth and sixth actions against Russia, blocking the assets of President Vladimir Putin and three other high-ranking...more
What Are the New US Export Controls on Russia?
On February 24, 2022, the US Department of Commerce, Bureau of Industry and Security (BIS) imposed new export controls intended to restrict access to technologies and other...more
2/28/2022
/ Belarus ,
Bureau of Industry and Security (BIS) ,
ECCNs ,
Economic Sanctions ,
EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
In recent months, new and modified Department of Commerce regulations impacting antidumping (AD) and countervailing duty (CVD) proceedings have taken effect. These changes, which are intended “to strengthen and improve the...more
On September 7, 2021, three former U.S. Intelligence Community and military personnel (Defendants) entered into a Deferred Prosecution Agreement (DPA) with the U.S. Attorney’s Office for the District of Columbia and the U.S....more
The Information and Communications Technology and Services (ICTS) Rule, if implemented by the Biden Administration, would significantly impact companies that have an international nexus in a number of different sectors,...more
2/2/2021
/ Biden Administration ,
China ,
Cuba ,
Department of Homeland Security (DHS) ,
Digital Service Providers ,
Executive Orders ,
FCC ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Interim Final Rules (IFR) ,
Iran ,
National Intelligence Agencies ,
North Korea ,
Popular ,
Russia ,
Sensitive Personal Information ,
Software ,
Supply Chain ,
Telecommunications ,
Venezuela
Looking towards 2021 and a new Administration, Arent Fox's International Trade & Investment group has prepared a series of primers on six key areas that can impact your business: The Biden Transition, Special Tariffs,...more
Turning to the business of exports from the United States, the next section is a must-read for any company doing business in the United States or from the United States. Or for that matter, any company competing with affected...more
1/5/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
CFIUS ,
China ,
Cuba ,
Dodd-Frank ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Hong Kong ,
Huawei ,
Human Rights ,
Information and Communication Technology (ICT) ,
Interim Rule ,
International Criminal Court ,
Iran ,
Iran Sanctions ,
Personal Data ,
Russia ,
Telecommunications ,
Turkey ,
U.S. Commerce Department ,
Venezuela
In his last days, President Trump takes a swipe against companies identified by the Department of Defense (DoD) as Communist Chinese military companies by prohibiting US persons from investments.
On November 12, 2020,...more
11/18/2020
/ China ,
Department of Defense (DOD) ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Foreign Investment ,
Information and Communication Technology (ICT) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
PCAOB ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
U.S. Treasury
The US Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule amending the license review policy for items on the Commerce Control List that are controlled for national security (NS) reasons and are...more
The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies.
As a refresher, CFIUS is the US Government’s...more
10/16/2020
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
ITAR ,
NAICS ,
Personal Data ,
Proposed Regulation ,
U.S. Treasury ,
US Department of State
BIS will be looking at items that are controlled only for anti-terrorism, crime control, short supply, United Nations embargoes, or designated as EAR99 in establishing new Foundational Technologies Controls.
Two years...more
8/28/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Embargo ,
Export Control Reform Act (ECRA) ,
Exports ,
FIRRMA ,
Interim Final Rules (IFR) ,
Military End Use ,
National Security ,
Rulemaking Process ,
United Nations
On August 17, 2020, the Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule (the Final Rule) (1) adding additional Huawei non-US affiliates to the Entity List, (2) confirming the expiration of...more
On January 13, 2020, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States (CFIUS), released the comprehensive final regulations to implement the Foreign Investment Risk Review...more
1/17/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Control Reform Act (ECRA) ,
Federal Pilot Programs ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
NAICS ,
National Security ,
Personal Data ,
Real Estate Transactions ,
Rulemaking Process
Section 301 of the Trade Act of 1974, 19 U.S.C. § 2411, authorizes the president to take retaliatory action if it is determined that a trade act, policy, or practice of a foreign government is unreasonable or discriminatory...more
12/20/2019
/ Aircraft ,
China ,
Comment Period ,
Corporate Counsel ,
Digital Taxes ,
EU ,
France ,
Importers ,
Public Hearing ,
Section 301 ,
Subsidies ,
Tariffs ,
Trade Agreements ,
Trade Wars ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
USTR ,
WTO
In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more
12/19/2019
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
Comment Period ,
Emerging Technology Companies ,
Export Control Reform Act (ECRA) ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Proposed Regulation ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
Parties seeking changes to the proposed list of tariff subheadings or to lower duties should take advantage of this comment period.
Why is USTR proposing additional duties on French imports?
Under Section 301, USTR can...more
12/5/2019
/ China ,
Comment Period ,
Digital Services Tax ,
Exclusions ,
France ,
Globally Harmonized System ,
International Tax Issues ,
Retaliatory Tariffs ,
Section 301 ,
Tariffs ,
Trade Wars ,
Trump Administration ,
USTR
The US State Department is soliciting feedback on its draft “US Government Guidance for the Export of Hardware, Software, and Technology with Surveillance Capabilities and/or Parts/Know-How,” issued September 4, 2019 (Draft...more
9/25/2019
/ Draft Guidance ,
Due Diligence ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exporters ,
Exports ,
Human Rights ,
Multinationals ,
Surveillance ,
Technology ,
US Department of State