1. Treasury Mandates Reporting of Foreign Securities Holdings of $200M or More-
All U.S. persons (custodians and end investors) who manage $200 million or more in foreign securities for themselves or others must file a...more
2/2/2022
/ Anti-Money Laundering ,
Biotechnology ,
Bureau of Industry and Security (BIS) ,
Burma ,
CFIUS ,
Cybersecurity ,
Export Controls ,
Forced Labor ,
Foreign Securities ,
Hong Kong ,
Office of Foreign Assets Control (OFAC) ,
Policies and Procedures ,
Popular ,
Reporting Requirements ,
Russia ,
Sanctions ,
SDN List ,
Supply Chain ,
U.S. Treasury ,
Ukraine
1. New Import Ban on All Products From China’s Xinjiang Region-
In late December 2021, President Biden signed the Uyghur Forced Labor Prevention Act into law. The new legislation creates a rebuttable presumption that any...more
1/5/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Anti-Corruption ,
Arms Embargo ,
China ,
Customs and Border Protection ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
ECCNs ,
Economic Sanctions ,
Export Controls ,
Forced Labor ,
Human Rights ,
Imports ,
ITAR ,
Joe Biden ,
NIST ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sovereign Debt ,
U.S. Commerce Department ,
U.S. Treasury
1. U.S. Emerging Tech Companies Can’t Work With These Chinese Entities
On November 26, the Commerce Department’s Bureau of Industry and Security added 27 foreign organizations and individuals, including eight technology...more
12/7/2021
/ China ,
Court of International Trade ,
Emerging Technologies ,
Emerging Technology Companies ,
Entity List ,
Export Administration Regulations (EAR) ,
Exports ,
FCC ,
MOFCOM ,
Office of Foreign Assets Control (OFAC) ,
SaaS ,
Sanctions ,
Technology Sector ,
U.S. Treasury ,
USTR ,
ZTE
1. New Cybersecurity Export Controls From BIS Go Into Effect in January -
The Bureau of Industry and Security (BIS) has released an interim final rule establishing new export controls on certain cybersecurity items and...more
11/3/2021
/ Anti-Dumping Duty ,
Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Espionage ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Financial Crimes ,
FinCEN ,
National Security ,
NCSC ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Russia ,
Sanctions ,
Section 301 ,
Supply Chain ,
Technology ,
U.S. Commerce Department ,
U.S. Treasury ,
US Trade Policies ,
USTR ,
Virtual Currency
1. Expanded Export Controls on Certain Biological Equipment Software Are Coming-
As part of the Bureau of Industry and Security’s emerging and foundational technology control effort, new export controls are forthcoming...more
10/5/2021
/ Artificial Intelligence ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
CBSA ,
China ,
Ethiopia ,
Export Controls ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Sanction Violations ,
Sanctions ,
Software ,
U.S. Commerce Department
1. Electronics Company Hit With $6.6 Million Penalty for Unauthorized Software Exports-
Keysight Technologies Inc., a California electronics company, has settled with the Department of State, agreeing to pay a $6.6...more
9/9/2021
/ Arms Export Control Act ,
Belarus ,
China ,
Data Security ,
Directorate of Defense Trade Controls (DDTC) ,
Labeling ,
Made in the USA ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
SDN List ,
United States-Mexico-Canada Agreement (USMCA) ,
US Department of State
1. Biden Administration Trade Posture-
The Biden administration is slowly and steadily reviewing the decisions of the Trump administration. So far, the administration has struck a deal with the EU to end the 17-year-old...more
8/9/2021
/ Airbus ,
Biden Administration ,
Boeing ,
CFIUS ,
China ,
Department of Homeland Security (DHS) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Foreign Policy ,
Interagency Guidance ,
National Security ,
OECD ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
Section 301 ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
Unfair or Deceptive Trade Practices ,
WTO
1. Chinese Trade Tensions Ramp Up-
On June 3, President Joe Biden signed Executive Order 14032, replacing and superseding previous EOs that banned U.S. persons from purchasing and selling public securities of Chinese...more
7/8/2021
/ Anti-Corruption ,
China ,
Customs and Border Protection ,
Department of Defense (DOD) ,
Entrepreneurs ,
Executive Orders ,
Forced Labor ,
Imports ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
U.S. Commerce Department ,
U.S. Treasury ,
Withhold Release Orders (WROs)
1. Recent Enforcement: Even Companies That Invest in Compliance Pay Penalties-
Since our April enforcement roundup, the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) in the Department...more
6/3/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Justice (DOJ) ,
ENERGY STAR Program ,
Enforcement Actions ,
Executive Orders ,
Export Controls ,
Exports ,
Geo-Blocking ,
Honeywell International ,
ITAR ,
Moneygram ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
SDN List ,
Software ,
U.S. Commerce Department ,
U.S. Treasury
Summaries of recent legislative and regulatory developments with respect to:
•The SEC’s Examination Priorities for 2021-
•The SEC’s Focus on Digital Asset Securities-
•The SEC’s New Marketing Rule... ...more
4/1/2021
/ Accredited Investors ,
Anti-Money Laundering ,
BEA ,
Broker-Dealer ,
CARES Act ,
CFIUS ,
Chief Compliance Officers ,
Client Funds ,
Common Reporting Standard (CRS) ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Digital Assets ,
Disclosure ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Fraud ,
Financial Industry Regulatory Authority (FINRA) ,
FinTech ,
Foreign Investment ,
Form CRS ,
General Data Protection Regulation (GDPR) ,
IARD ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Portfolios ,
Net Operating Losses ,
Office of Foreign Assets Control (OFAC) ,
Recordkeeping Requirements ,
Registered Investment Advisors ,
Safe Harbors ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Tax Cuts and Jobs Act ,
U.S. Treasury ,
Unauthorized Transactions
1. Recent Enforcement Actions Outline the Need for Compliance Measures-
Over the past few months, the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) in the Department of Commerce have...more
4/1/2021
/ Bureau of Economic Analysis ,
Bureau of Industry and Security (BIS) ,
Civil Liability ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Qui Tam ,
Russia ,
Sanctions ,
U.S. Commerce Department ,
US State Departments
Welcome to the inaugural edition of Lowenstein Sandler’s Trade Matters. Each month, we will cover important developments related to international trade law and compliance. We look forward to a continuing dialogue with our...more
3/1/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Court of International Trade ,
Entity List ,
EU ,
Executive Orders ,
Extraterritoriality Rules ,
Forced Labor ,
Imports ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Supply Chain ,
Tariffs ,
UK
Trade compliance programs save manufacturers of goods with overseas supply chains thousands of dollars in duties, fines, and penalties.
According to a 2019 federal study, President Donald Trump’s tariffs and subsequent...more
10/23/2020
/ Audits ,
Commerce Control List ,
Compliance ,
ECCNs ,
Fines ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies