On Tuesday, May 19, the U.S. Commerce Department published a regulation (effective May 15, 2020) that prohibits sale to Huawei of a microchip made to a Huawei specification, made outside the United States with non-U.S....more
Taking a break from reporting on COVID-19 legal developments, we turn for a moment to what is happening now on export control of autonomous vehicle technology.
The autonomous vehicle R&D sector is booming, largely in the...more
4/9/2020
/ Automotive Industry ,
Connected Cars ,
Cybersecurity ,
Department of Transportation (DOT) ,
Driverless Cars ,
Legislative Agendas ,
Motor Vehicles ,
NHTSA ,
Regulatory Oversight ,
Safety Standards ,
Technology Sector
The Federal Circuit Court of Appeals has just rejected the longstanding U.S. government position that the country of origin of pharmaceuticals in the context of U.S. government procurement is determined by where the active...more
2/12/2020
/ Anheuser-Busch ,
Appeals ,
Buy American Act ,
Country of Origin ,
Customs and Border Protection ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Imports ,
India ,
Machine-or-Transformation Test ,
Manufacturers ,
Pharmaceutical Industry ,
Prescription Drugs ,
Public Procurement Policies ,
Trade Agreements Act ,
UK ,
WTO
On January 16, 2020, the United States Senate voted by an overwhelming majority to pass the implementing legislation for the United States-Mexico-Canada Trade Agreement (USMCA) after months of tense negotiations with...more
1/20/2020
/ Automotive Industry ,
Canada ,
Digital Services ,
Environmental Policies ,
Financial Services Industry ,
Forced Labor ,
Free Trade Agreements ,
Intellectual Property Protection ,
Mexico ,
NAFTA ,
Sunset Provisions ,
Trade Relations ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
• Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below).
• You may submit comments on the criteria the U.S. government will use to determine what technologies...more
12/11/2018
/ Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Exports ,
Foreign Nationals ,
National Security ,
Proposed Rules ,
Public Comment ,
Technology Sector
Key Takeaways:
• Emerging technology sectors will soon be subject to new export controls.
• Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more
11/19/2018
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Comment Period ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Nationals ,
Mergers ,
National Security ,
Public Comment ,
Technology Sector ,
U.S. Commerce Department
A tripartite agreement to save the North American Free Trade Agreement (NAFTA) has just been reached. Since June 2017, the United States, Canada, and Mexico have been renegotiating NAFTA. After over a year of negotiations,...more
10/3/2018
/ Canada ,
Cross-Border Transactions ,
Exports ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
A tripartite agreement to save NAFTA has been reached. The agreement, reached late last night, provides Congress the necessary 60 days’ notice of the text to approve so that President Pena Nieto of Mexico can sign before he...more
10/2/2018
/ Agricultural Sector ,
Automotive Industry ,
Biologics ,
Canada ,
Cross-Border Transactions ,
Exports ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Intellectual Property Protection ,
Investor State Dispute Settlement (ISDS) ,
Mexico ,
NAFTA ,
Sunset Provisions ,
Tariffs ,
Trade Policy ,
Trade Relations ,
Trump Administration ,
Unfair or Deceptive Trade Practices ,
United States-Mexico-Canada Agreement (USMCA)
1. All sanctions on Iran that were in place before January 2016 will be re-imposed no later than November, 4 2018.
2. Secondary sanctions that penalize non-U.S. persons doing business with Iran will be reinstated.
3....more
5/14/2018
/ Economic Sanctions ,
Exports ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
General Licenses ,
Goods or Services ,
Imports ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trump Administration
The 25% steel and 10% aluminum tariffs announced today, and effective 15 days from now, raise a new cloud over the NAFTA negotiations. Although they temporarily exempt Canada and Mexico, the Administration has made it clear...more
3/9/2018
/ Automotive Industry ,
Canada ,
Cross-Border Transactions ,
Imports ,
Manufacturers ,
Mexico ,
NAFTA ,
Steel Industry ,
Tariffs ,
Trade Agreements ,
Trade Policy ,
Trade Relations ,
Trump Administration ,
US Trade Policies
Our “trends for 2018” are only a selection of interesting developments to watch for in 2018.
Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given that it is the last...more
2/9/2018
/ Base Erosion Tax ,
Bid Rigging ,
Big Data ,
CFIUS ,
Competition ,
Competition Authorities ,
Cybersecurity ,
Data Protection ,
E-Commerce ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Direct Investment ,
General Data Protection Regulation (GDPR) ,
International Tax Issues ,
Legislative Agendas ,
Mergers ,
Multinationals ,
OECD ,
Premerger Notifications ,
Renewable Energy ,
Sports ,
Standstill Agreements ,
State Aid ,
Transportation Industry ,
TTIP ,
WTO
Introduction -
Our “trends for 2018” are only a selection of interesting developments to watch for in 2018.
Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given...more
1/24/2018
/ Athletes ,
Automated Transportation ,
Base Erosion Tax ,
Bid Rigging ,
Big Data ,
Carbon Emissions ,
CFIUS ,
Competition ,
Competition Authorities ,
Data Protection ,
E-Commerce ,
Electric Vehicles ,
Enforcement Actions ,
EU ,
European Commission ,
European Parliament ,
Foreign Direct Investment ,
GDP ,
General Data Protection Regulation (GDPR) ,
Geo-Blocking ,
Innovation ,
Legislative Agendas ,
Manufacturers ,
Merger Controls ,
Multinationals ,
NAFTA ,
Olympics ,
Online Distribution ,
Proposed Regulation ,
Sports ,
State Aid ,
Supply Chain ,
Tax Evasion ,
Technology Sector ,
Transportation Industry ,
TTIP ,
WTO
The Trump Administration has made good on its promise to cut back on the liberalized Cuban policy implemented by the Obama Administration with a new regime that introduces new travel restrictions as well as broad prohibitions...more
11/20/2017
/ Banks ,
Business Travel ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Economic Sanctions ,
Exports ,
Financial Transactions ,
General Licenses ,
New Regulations ,
New Rules ,
Obama Administration ,
Office of Foreign Assets Control (OFAC) ,
Travel Restrictions ,
Travelers ,
Trump Administration ,
U.S. Commerce Department ,
US State Departments
On June 19, Commerce Secretary Ross mentioned at a Wall Street Journal CFO dinner that the Administration is now considering launching an investigation of semiconductor imports under Section 232 of the Trade Expansion Act of...more
USTR Lighthizer last week delivered the Administration’s official 90-day notice to Congress that it will renegotiate NAFTA.
The notice says that the process will be carried out “consistent with Congressional priorities...more
Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more
1/25/2017
/ Cartels ,
Competition ,
Data Protection ,
Digital Single Market ,
EU ,
European Commission ,
FRAND ,
General Data Protection Regulation (GDPR) ,
Innovation ,
Merger Controls ,
Popular ,
Sanctions ,
Standard Essential Patents ,
State Aid ,
Trade Agreements ,
UK Brexit
Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more
1/19/2017
/ Cartels ,
Competition ,
Compliance ,
Data Protection ,
Digital Single Market ,
Enforcement ,
EU ,
FRAND ,
General Data Protection Regulation (GDPR) ,
Merger Controls ,
Popular ,
Sanctions ,
State Aid ,
Supplemental Environmental Project (SEP) Policy ,
Trade Agreements ,
UK Brexit
The ongoing presidential election in the United States has underscored a move against free trade by both of the main political parties. This article briefly summarizes some of the proven benefits of free trade and juxtaposes...more
If you are not aware, please take note that the July 20, 2015 deadline is fast approaching for comments to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) proposed rule on the export control of certain...more
After a twelve-year standoff that saw the United States and Europe ratchet up sanctions pressure on Iran, a diplomatic breakthrough has been reached. But robust trade between Iran and the West will not arise immediately,...more
7/19/2015
/ EU ,
Exports ,
IFCA ,
Iran ,
Iran Sanctions ,
Iran Threat Reduction and Syria Human Rights Act ,
Joint Comprehensive Plan of Action (JCPOA) ,
Manufacturers ,
NDAA ,
Non-US Entities ,
Nuclear Power ,
Nuclear Weapons
On June 5, new EU’s anti-money laundering (AML) rules, namely the Fourth EU Anti-Money Laundering Directive (“4AMLD”) and a new Regulation on the information accompanying transfer of funds were published in the Official...more
Cyber threats are one of the U.S.’s top security threats. In just the past year, there has been a significant increase in the frequency, scale and sophistication of cyber intrusions and attacks – many of them originating...more
On February 12, 2015, the Department of Justice (DOJ) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a lawsuit brought by the United States under the False Claims Act (FCA)...more
On January 15, 2015, the Department of Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations to implement changes in U.S. policy toward Cuba announced by President Obama on December...more
1/23/2015
/ Amended Legislation ,
Banking Sector ,
Barack Obama ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Embargo ,
Executive Orders ,
Export Controls ,
Exports ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Telecommunications ,
Travel Permits ,
U.S. Commerce Department ,
U.S. Treasury
Today, the Department of Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations to implement changes in U.S. policy toward Cuba announced by President Obama on December 17, 2014....more