Common carriers and marine terminal operators must start reviewing their current demurrage and detention billing process to ensure that their business practices fully comply with a new final rule issued by the Federal...more
With the current state of the world and heightened scrutiny of the nonprofit sector, it is critical that nongovernmental organizations (NGOs) with international reach routinely assess the effectiveness of their trade...more
2/27/2024
/ Compliance ,
Cross-Border Transactions ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Internal Controls ,
International Relations ,
International Travel ,
Know Your Customers ,
National Security ,
NGOs ,
Nonprofits ,
Policies and Procedures ,
Risk Assessment ,
Risk Management
As federal regulators have recently made clear, steamship lines, non-vessel-operating common carriers, indirect air carriers, freight forwarders, and others involved in the global movement of cargo must ensure that their...more
1/24/2024
/ Air Cargo ,
Air Carriers ,
Bureau of Industry and Security (BIS) ,
China ,
Common Carriers ,
Compliance ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Extraterritoriality Rules ,
Freight Forwarding ,
Iran ,
Maritime Transport ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Risk Management ,
Russia ,
Shipping ,
Shipping Cargo ,
Vessels
As members of Congress continue to negotiate government spending levels allotted for the next fiscal year, the United States is poised for its fourth partial government shutdown in the last decade—putting at risk the regular...more
9/26/2023
/ Appropriations Bill ,
Bureau of Industry and Security (BIS) ,
Census Bureau ,
Customs and Border Protection ,
Department of Transportation (DOT) ,
Directorate of Defense Trade Controls (DDTC) ,
Federal Budget ,
Federal Maritime Commission ,
Government Agencies ,
Government Shutdown ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
U.S. House
On May 19, 2023, the United States, in coordination with the G7 and other international partners, imposed significant new sanctions on Russia aimed to further degrade the Russian Federation's capacity to wage war against...more
6/2/2023
/ Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Financial Institutions ,
FinCEN ,
G7 ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
The EU's foreign policy chief, Josep Borrell, said in March that the bloc has nearly exhausted its options for punitive measures against Russia: "There is little left to control other than basic commercial items." The focus...more
Those navigating the federal restrictions on foreign investment administered by the Committee on Foreign Investment in the United States (CFIUS) must contend with yet another dynamic: possible state restrictions. With respect...more
On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS or Committee) issued novel Enforcement and Penalty Guidelines (Guidelines), which emphasize the enforcement aspect of its legal...more
Following the Advance Notice of Proposed Rulemaking on Demurrage and Detention Billing Requirements published in the Federal Register in February, the Federal Maritime Commission (FMC or “the Commission”) notified the public...more
In 2017, the Office of the United States Trade Representative (USTR) launched an investigation into the Government of China's acts, policies, and practices related to "technology transfer, intellectual property, and...more
10/14/2022
/ China ,
Comment Period ,
Imports ,
Intellectual Property Protection ,
Section 301 ,
Supply Chain ,
Tariffs ,
Technology ,
Trade Act of 1974 ,
US Trade Policies ,
USTR
In light of the challenges faced by U.S. shipping interests, the Ocean Shipping Reform Act of 2022 (“OSRA 2022”) amended various statutory provisions of the Shipping Act of 1984 (“Shipping Act”), including common...more
On September 15, 2022, President Biden signed an executive order (EO) directing consideration of certain national security factors by the Committee on Foreign Investment in the United States (CFIUS or "the Committee")...more
9/21/2022
/ Biden Administration ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
National Security ,
Supply Chain ,
Technology Sector
When U.S. House of Representatives Speaker Nancy Pelosi made a historic visit to the Republic of China (Taiwan) on August 2, 2022, the world watched with bated breath. The visit, which was the first time in over two...more
On June 16, 2022, President Biden signed into law the Ocean Shipping Reform Act of 2022 ("OSRA 2022"), which amended the Shipping Act of 1984 ("the Shipping Act"). Among the various amendments, OSRA 2022 included a new...more
On June 24, 2022, the Federal Maritime Commission’s Office of the General Counsel issued an opinion on the effective date of the new Ocean Shipping Reform Act of 2022 (“OSRA 2022”), Pub. L. 117-146. Per the General Counsel,...more
Earlier this week, the U.S. House of Representatives approved the Ocean Shipping Reform Act of 2022 (OSRA 2022) in a 369-42 vote. OSRA 2022 is a bipartisan bill introduced by Senator Amy Klobuchar (D-MN) and Senator John...more
As Ukraine-Russia peace talks continue, the U.S. government continues to bring the heat. Yesterday, the Department of Commerce, Bureau of Industry and Security (BIS), issued a Final Rule broadly expanding existing...more
On May 3, 2022, the Office of the United States Trade Representative (USTR) announced it would be "commencing the statutory four-year review" of the Section 301 actions, effectively starting a process to potentially terminate...more
On April 22, 2022, the Federal Maritime Commission (FMC) fined Hapag-Lloyd A.G. and its agent, Hapag-Lloyd (America) LLC (collectively referred to as "Hapag-Lloyd"), for violating § 41102(c) of the Shipping Act of 1984. The...more