The Uyghur Forced Labor Prevention Act (UFLPA) enforcement landscape continues to evolve, as evident in several recent developments:
On October 24, 2023, the Congressional-Executive Commission on China (the Commission)...more
On October 17, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released two interim final rules to reinforce and expand controls on (a) advanced semiconductors and related computing items (the...more
10/27/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Deadlines ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Inspections ,
Manufacturers ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
Over the past few weeks, the interagency Forced Labor Enforcement Task Force (FLETF) has signaled a shift in its strategy for enforcing the Uyghur Forced Labor Prevention Act (UFLPA). On July 26, 2023, the FLETF issued its...more
8/23/2023
/ China ,
Enforcement ,
Entity List ,
Forced Labor ,
Importers ,
Imports ,
International Trade ,
Popular ,
Supply Chain ,
Trade Restrictions ,
Uyghur Forced Labor Prevention Act (UFLPA)
On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Technology Sector
On February 24, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced four new rules expanding restrictions on exports to Russia and Belarus. The revisions to the Export Administration...more
In light of the recent referendums and purported annexation by Russia of four territories of Ukraine on September 30, 2022, the United States, United Kingdom and European Union have expanded measures and provided additional...more
10/14/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Foreign Relations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
UK ,
Ukraine
On June 21, 2022, a key element of the Uyghur Forced Labor Prevention Act (UFLPA) went into effect: the rebuttable presumption. Going forward, any imports of goods mined, produced or manufactured wholly or in part in the...more
Bipartisan, bicameral support is mounting for legislation that would create a mandatory outbound investment screening regime to review U.S. investments in China and other countries identified by Congress as countries of...more
On June 6, 2022, President Joe Biden issued a declaration of emergency (the Declaration) that paves the way for a 24-month moratorium on new duties on solar imports. The Declaration was a direct response to the turmoil in...more
6/15/2022
/ Anti-Dumping Duty ,
Biden Administration ,
Countervailing Duties ,
Defense Production Act ,
Electricity ,
Energy Projects ,
Energy Sector ,
Imports ,
Renewable Energy ,
Solar Energy ,
Solar Panels ,
State of Emergency ,
U.S. Commerce Department
Since the publication of our March 24, 2022, and March 17, 2022, client alerts, the U.S., U.K. and European Union, among other allied nations, have imposed additional sanctions and export controls on key elements of the...more
5/2/2022
/ Blocking Sanctions ,
Economic Sanctions ,
EU ,
European Commission ,
Export Controls ,
Exports ,
Financial Institutions ,
Foreign Policy ,
Foreign Relations ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
UK
On March 8, 2022, President Joe Biden issued Executive Order (E.O.) 14066, which bans the import of Russian oil, gas and other energy products into the United States and imposes sweeping prohibitions on new U.S. investment in...more
Since the publication of our February 26, 2022, client alert, the United States, United Kingdom and the European Union, among other allied nations, have imposed additional sanctions and export controls on key elements of the...more
3/10/2022
/ Belarus ,
Blocking Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Controls ,
Financial Institutions ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
SWIFT ,
Ukraine
The United States, United Kingdom and the European Union, among other allies, have moved swiftly in response to the Russian Federation’s invasion of Ukraine. Merely hours after Russia’s announcement on February 21, 2022, that...more
This year, we expect to see new disclosure requirements; rule changes at the Securities and Exchange Commission that will affect directors; activists adopting new tactics; changes to shareholder voting processes; tax and...more
Takeaways -
Since 2018, the U.S. and several other countries have revised or installed national security-related screening of foreign direct investments.
Many jurisdictions now require filings for investments in the...more
Takeaways -
As a national and economic security initiative, the Biden administration is developing policies to protect several critical supply chains.
The Commerce Department is expected to take further measures to...more
On December 16, 2021, the U.S. Congress passed legislation that effectively prohibits imports of goods made either wholly or in part in the Xinjiang Uyghur Autonomous Region (Xinjiang) of China. The prohibition relies on a...more
12/23/2021
/ Biden Administration ,
China ,
Corporate Counsel ,
Customs and Border Protection ,
Economic Sanctions ,
Energy Sector ,
Forced Labor ,
Human Rights ,
Imports ,
Solar Energy ,
Supply Chain ,
Withhold Release Orders (WROs)
On October 4, 2021, U.S. Trade Representative Katherine Tai announced the restart of an exclusion process that could lead to the reinstatement of certain exemptions from tariffs imposed on Chinese imports under Section 301 of...more
10/13/2021
/ Biden Administration ,
China ,
Exclusions ,
Imports ,
Public Comment ,
Requests for Exclusion ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
On September 20, 2021, the U.S. Department of Commerce (Commerce) published a 282-page overhaul of antidumping and countervailing duty (AD/CVD) regulations, representing the most significant update to AD/CVD rules in 20...more
The shape of the Biden administration’s international trade policy has begun to emerge, with few changes expected in some areas (e.g., China) but potential resolutions and new disputes in others (e.g., Europe). ...more
In a January 2021 webinar titled “The USMCA: Six Months On,” Skadden International Litigation and Arbitration partners Julie Bedard, David Herlihy, Timothy G. Nelson and Jennifer Permesly and CFIUS, National Security and...more
Takeaways
- Tariffs and other restrictions on trade with China are unlikely to change significantly under the Biden administration, so companies will have to adapt their operations and supply chains accordingly.
- A...more
On November 12, 2020, President Trump signed Executive Order 13959 prohibiting U.S. persons from engaging in any transaction in publicly traded securities in “Communist Chinese military companies” (CCMCs), effective January...more
11/18/2020
/ Biden Administration ,
China ,
Department of Defense (DOD) ,
Executive Orders ,
Foreign Relations ,
National Security ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Securities Transactions ,
Trump Administration
On November 4, 2020, the U.S. Department of Commerce issued its preliminary determination that passenger vehicle and light truck tires from Vietnam benefited from a range of government subsidies, including subsidies based on...more
11/12/2020
/ Countervailing Duties ,
Currency Exchange ,
Exchange Rates ,
Foreign Exchanges ,
Imports ,
International Trade Commission (ITC) ,
Statutory Authority ,
Trade Act of 1974 ,
U.S. Commerce Department ,
USTR ,
Vietnam
On October 8, 2020, the Office of the U.S. Trade Representative (USTR) issued notices launching two investigations with respect to Vietnam. USTR initiated investigations into the acts, policies and practices of Vietnam...more
10/13/2020
/ Cambodia ,
China ,
Comment Period ,
Countervailing Duties ,
Currency Control ,
Government Investigations ,
Illegal Activity ,
Imports ,
Public Comment ,
Request For Information ,
Section 301 ,
Tariffs ,
Timber ,
USTR ,
Vietnam ,
Wildlife Protection