While the longstanding review by the United States of cross-border investments for national security implications might sound like the same old song, several important developments in recent years should give investors and...more
The prevention of forced labor in the global supply chain has been elevated in visibility and consequence over the last several years. In 2022, the emphasis focused largely, though not exclusively, on trade remedies. The...more
The solar power industry seems to be caught in the crosshairs of competing legislative agendas. The US Inflation Reduction Act (IRA) created incentives to increase solar capacity via tax credits. The Uyghur Forced Labor...more
Geopolitical, trade, and investment tensions between the United States and China continue due to differences on such issues as the Russia-Ukraine conflict, Taiwan, Xinjiang, Hong Kong, Tibet, the South China Sea, human...more
The US Department of Commerce (DOC) issued its preliminary determination on December 2, 2022, related to circumvention of antidumping and countervailing duty (AD/CVD) orders A-570-979 and C-570-980 (the Orders) with respect...more
12/5/2022
/ Anti-Dumping Duty ,
Cambodia ,
China ,
Countervailing Duties ,
Customs and Border Protection ,
Government Investigations ,
Imports ,
Malaysia ,
Plastic Solar Cells ,
Solar Panels ,
Tax Avoidance ,
Thailand ,
U.S. Commerce Department ,
Vietnam
Heading into 2023, Asia’s tech scene is well-positioned for strong growth potential. As with any industry where advancement and innovation are outpacing regulation, the complex landscape can be difficult for businesses to...more
11/1/2022
/ Asia ,
CFIUS ,
Data Privacy ,
Digital Assets ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
FinTech ,
Mergers ,
Metaverse ,
National Security ,
Patent Litigation ,
Popular ,
Startups ,
Virtual Reality
The US Department of Commerce’s Bureau of Industry and Security (BIS) released an interim final rule (IFR) on October 7, 2022, imposing additional export controls on certain advanced computing and semiconductor manufacturing...more
The US Department of Commerce published a final rule on September 16 implementing President Joseph Biden’s Proclamation 10414, which declared an emergency with respect to US electricity generation capacity. The final rule...more
10/6/2022
/ Anti-Dumping Duty ,
Cambodia ,
China ,
Countervailing Duties ,
Customs and Border Protection ,
Final Rules ,
Malaysia ,
Presidential Proclamations ,
Solar Panels ,
Thailand ,
U.S. Commerce Department ,
Vietnam
There are many international and Asia-based investors looking to invest in companies in the US for both strategic and commercial reasons, and in return they offer attractive sources of funding. Often, financial investments...more
President Joseph Biden’s recently issued Executive Order provides guidance related to the US national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States....more
9/22/2022
/ Biden Administration ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Defense Production Act ,
Executive Orders ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
Supply Chain
With Forbes calling environmental, social, and governance (ESG) factors the “biggest economic trend of 2021,” many technology companies are at an inflection point as they evaluate adopting a full suite of ESG strategies into...more
Leading up to the June 21 effective date, US Customs and Border Protection issued operational guidance and a strategy document to assist importers with Uyghur Forced Labor Prevention Act compliance and to define its...more
6/23/2022
/ China ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
The Biden-Harris administration and US Department of Commerce (Commerce) are investigating solar cell parts from four Southeast Asian countries—Cambodia, Malaysia, Thailand, and Vietnam—to determine if the manufacturers are...more
Per the Holding Foreign Companies Accountable Act, the US Securities and Exchange Commission has begun identifying public companies that retained audit firms that the Public Company Accounting Oversight Board has determined...more
Parties can continue to do business with designated individuals on the Unverified List, but if items subject to the Export Administration Regulations are involved—including exports, reexports, or transfers—additional...more
In connection with recent Russia-related sanctions issued by the US government, organizations face a variety of issues when navigating the questions of who and what transactions may be subject to the reach of these sanctions....more
In response to the conflict in Ukraine, the United States, United Kingdom, and European Union have issued a number of new sanctions against Russia. As we continue to monitor the evolving situation, we are pleased to offer...more
In response to the Russian Federation’s recognition of certain regions of Ukraine as independent states which followed an expansion of nearly 200,000 troops on the Ukrainian border, US President Joseph Biden authorized the...more
The global impact of our planet’s changing climate garnered significant attention in 2021. The United States rejoined the Paris Agreement at the beginning of the year, and in November, during the United Nations Climate Change...more
As renewable energy continues to comprise a larger share of the US power mix, offshore wind remains the next frontier of the US green energy boom. Today, the US hosts only one operational commercial offshore wind farm, the...more
Governments around the world have been committing recently to the greening of the transportation industry with a variety of net zero emission targets, funding proposals, and potential penalties and taxes....more
The US Senate and House of Representatives have both passed HR 6256, the bicameral, bipartisan Uyghur Forced Labor Prevention Act, with the Senate approving the measure by unanimous consent on December 16. ...more
12/15/2021
/ China ,
Due Diligence ,
Entity List ,
Forced Labor ,
Goods or Services ,
Importers ,
Imports ,
Legislative Agendas ,
Manufacturers ,
Pending Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Supply Chain ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
There has been a significant increase in cross-border investment (FDI) in the US life sciences industry, including both medtech and biopharmaceutical companies. Determining if life sciences companies, particularly those in...more
11/16/2021
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
Export Controls ,
Federal Pilot Programs ,
Final Rules ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Investment ,
ITAR ,
Life Sciences ,
NAICS ,
National Security ,
U.S. Commerce Department
Life sciences companies are increasingly global, with the nationalities of individuals in management teams and offices often spanning the major life sciences centers across the United States, in China, and around the world....more
The environmental, social, and governance (ESG) landscape is being shaped by the establishment of various ESG standards and frameworks (summarized and compared herein), many of which have been adopted on a voluntary basis by...more