In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more
1/6/2023
/ Australia ,
Batteries ,
Biden Administration ,
Canada ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Defense Sector ,
Electric Vehicles ,
Electricity ,
Electronics ,
Executive Orders ,
Foreign Investment ,
Lithium Batteries ,
Mineral Extraction ,
Mineral Rights ,
Minerals ,
Mining ,
National Security ,
Popular ,
Rare Earth Metals ,
Semiconductors ,
Supply Chain ,
Wind Power
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
...more
President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more
12/27/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Department of Defense (DOD) ,
Due Diligence ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Iran ,
National Security ,
NDAA ,
North Korea ,
Popular ,
Prime Contractor ,
Russia ,
Safe Harbors ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
Waivers
Consistent with the Biden Administration's continued focus on the domestic microelectronics and semiconductor industry, the U.S. Department of Commerce's Bureau of Industry and Security (BIS), Office of Technology Evaluation...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
11/2/2022
/ Acquisitions ,
Annual Reports ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Executive Orders ,
Foreign Investment ,
Independent Contractors ,
Infrastructure ,
Mergers ,
Stock Options
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued an interim final rule on Oct. 7, 2022, placing unilateral export controls on certain advanced computing items and semiconductor manufacturing...more
10/24/2022
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
End-Users ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
National Security ,
Semiconductors ,
U.S. Commerce Department
The Department of Defense's (DoD) Defense Counterintelligence and Security Agency (DCSA)1 hosted its 26th Annual Conference on Foreign Ownership, Control, or Influence (FOCI Conference) on Aug. 25, 2022, which was attended by...more
China Practice Newsletter Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies...more
9/2/2022
/ Advertising ,
CFIUS ,
China ,
Cryptocurrency ,
Digital Assets ,
Estate Planning ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Forensic Accounting ,
Forensic Examination ,
FTC Endorsement Guidelines ,
Internal Investigations ,
National Security ,
Social Media
The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more
8/24/2022
/ CFIUS ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Due Diligence ,
Emerging Technology Companies ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
International Trade ,
National Security
The bipartisan Uyghur Forced Labor Prevention Act (UFLPA) went into effect on June 21, 2022. Moving forward, any goods mined, produced or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (XUAR) of the...more
7/14/2022
/ Biden Administration ,
China ,
Customs and Border Protection ,
Enforcement ,
Entity List ,
Federal Agency Taskforce ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
The interagency Committee on Foreign Investment in the United States (CFIUS or the Committee) hosted its 2022 Inaugural Conference on June 16, 2022. In its capacity as chair of CFIUS, the U.S. Department of the Treasury...more
7/6/2022
/ Big Data ,
CFIUS ,
Cross-Border Transactions ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Investment ,
National Intelligence Agencies ,
National Security ,
Risk Mitigation ,
U.S. Commerce Department ,
U.S. Treasury
U.S. Customs and Border Protection (CBP) released long-awaited Operational Guidance for Importers (Operational Guidance) on June 13, 2022, to assist importers in preparing for the implementation of the Uyghur Forced Labor...more
6/17/2022
/ Biden Administration ,
China ,
Compliance Dates ,
Customs and Border Protection ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
New Guidance ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
The U.S. Department of State announced on May 16, 2022, a series of measures aimed at supporting the Cuban people and independent Cuban entrepreneurs and loosening Trump-era restrictions that largely isolated the island and...more
5/23/2022
/ Biden Administration ,
Cannabis Products ,
Consulate ,
Corporate Counsel ,
Cuba ,
Federal Aviation Administration (FAA) ,
Foreign Relations ,
Human Rights ,
Obama Administration ,
Office of Foreign Assets Control (OFAC) ,
Small Business ,
Trade Restrictions ,
Travel Restrictions ,
Trump Administration ,
U.S. Embassies ,
US Department of State ,
Visas
The U.S. International Trade Commission (USITC) announced in a notice issued on May 5, 2022, the commencement of a retrospective investigation of the economic impacts of Section 301 and Section 232 tariffs on the most...more
5/20/2022
/ Canada ,
China ,
Comment Period ,
Consolidated Appropriations Act (CAA) ,
Filing Deadlines ,
International Trade Commission (ITC) ,
Mexico ,
Public Comment ,
Public Hearing ,
Section 232 ,
Section 301 ,
Tariffs ,
Trade Act of 1974 ,
Trade Expansion Act of 1962 ,
Trump Administration ,
USTR
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC...more
5/3/2022
/ Biden Administration ,
China ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Intellectual Property Protection ,
Mandatory Arbitration Clauses ,
Metaverse ,
Popular ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Special Purpose Acquisition Companies (SPACs)
The Infrastructure Investment and Jobs Act (IIJA), which included the Build America, Buy America Act (the Act), was signed into law on Nov. 15, 2021, and created a deadline of May 14, 2022, for federal agencies to ensure...more
4/25/2022
/ Biden Administration ,
Build America Investment Initiative ,
Buy America ,
Federal Contractors ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
New Guidance ,
New Legislation ,
Public Procurement Policies ,
Public Projects ,
Waivers
The Office of the U.S. Trade Representative (USTR) reinstated 352 product exclusions applicable to certain Chinese-origin goods subject to Section 301 tariffs in a notice published on March 28, 2022. In so doing, USTR...more
The U.S. Department of Defense, General Services Administration and NASA, on March 7, 2022, published a final rule revising the Buy American Act (BAA) requirements applicable to federal procurements. The final rule is the...more
Earlier this week, a Holland & Knight alert discussed the recently passed Uyghur Forced Labor Prevention Act and U.S. Customs and Border Protection's (CBP) request for public comments on how best to ensure that goods made...more
President Joe Biden signed the Uyghur Forced Labor Prevention Act (the Act) into law on Dec. 23, 2021. The Act requires the U.S. government to rapidly develop a new enforcement strategy to strengthen the prohibition of the...more
1/25/2022
/ China ,
Customs and Border Protection ,
Enforcement Authority ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Public Comment ,
Rebuttable Presumptions ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
Following a series of government agency actions in the final months of 2021, U.S. businesses are advised to evaluate their operations in Cambodia and ensure compliance in the new year. Beginning with the tri-agency Cambodia...more
1/11/2022
/ Cambodia ,
China ,
Corruption ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Human Rights ,
Human Trafficking ,
ITAR ,
Military End Use ,
Narcotics ,
SDN List ,
U.S. Commerce Department ,
US State Departments
The U.S. Department of Commerce (Commerce) is increasing each civil monetary penalty within Commerce's jurisdiction for 2022 by 6.2 percent. The increases become effective on Jan. 15, 2022. Note that the 2022 adjustments will...more
The Office of the U.S. Trade Representative (USTR) published a Notice in the Federal Register on Nov. 16, 2021, extending product exclusions for COVID-19-related products covered by USTR's Section 301 investigation into...more
11/18/2021
/ China ,
Coronavirus/COVID-19 ,
Exclusions ,
Imports ,
International Harmonization ,
Medical Devices ,
Public Comment ,
Section 301 ,
Tariffs ,
Time Extensions ,
US Trade Policies ,
USTR
The Office of the U.S. Trade Representative (USTR) has published a Federal Register notice seeking public comments on whether to reinstate 549 previously extended tariff exclusions. If reinstated, exclusions will apply...more
U.S. Customs and Border Protection (CBP) on June 24, 2021, issued a Withhold Release Order (WRO) on silica-based products produced by Hoshine Silicon Industry Co. Ltd. (Hoshine) and its subsidiaries. Hoshine makes...more
6/30/2021
/ China ,
Customs and Border Protection ,
Forced Labor ,
Importers ,
Imports ,
International Trade ,
Manufacturers ,
Silica ,
Solar Panels ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
Withhold Release Orders (WROs)