On Friday, September 13, 2024, the Office of the United States Trade Representative (“USTR”) announced its final modifications to the Section 301 tariffs on Chinese-origin goods. USTR will keep all of the proposed tariff...more
9/18/2024
/ Biden Administration ,
Certification Requirements ,
China ,
Consumer Product Safety Commission (CPSC) ,
Exemptions ,
Importers ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
As Russia continues its war against Ukraine and Ukraine has itself recently opened a new front by capturing Russian territory in its Kursk region, the United States announced on August 23 its latest tranche of sanctions...more
9/6/2024
/ Biden Administration ,
Corporate Counsel ,
Defense Sector ,
Economic Sanctions ,
Export Controls ,
Exports ,
Foreign Policy ,
G7 ,
General Licenses ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Record Retention ,
Russia ,
SDN List ,
Statute of Limitations ,
Technology Sector ,
U.S. Commerce Department ,
Ukraine
The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies...more
7/19/2024
/ Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NPRM ,
Outbound Transactions ,
Popular ,
Proposed Rules ,
Technology ,
Technology Sector ,
U.S. Treasury
On February 23, building mainly upon the broad authority of Executive Order 14024 (“EO 14024”)[1] issued by President Joe Biden in 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the...more
3/5/2024
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Defense Sector ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Foreign Trade Regulations ,
General Licenses ,
Iran ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
Ongoing tensions between the United States and China have resulted in an expansion of U.S. export controls and trade sanctions against China. The Biden Administration’s October 2022 National Security Strategy (“2022 NSS”)...more
2/17/2023
/ Belarus ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Economic Sanctions ,
Embargo ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Foreign Relations ,
Popular ,
Russia ,
Technology ,
Trade Relations
On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in...more
1/23/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Corporate Counsel ,
Economic Sanctions ,
Export-Import Bank of the US ,
Foreign Entities ,
Foreign Persons ,
Intellectual Property Protection ,
International Trade ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Theft ,
Trade Secrets ,
U.S. Commerce Department ,
USPTO
On October 7, 2022, the Biden Administration announced new restrictions on exports to China of advanced integrated circuits (“ICs”), computers and components containing advanced ICs, semiconductor manufacturing equipment, and...more
11/28/2022
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Popular ,
Semiconductors ,
Software ,
Technology ,
Trade Restrictions
On September 15, 2022, President Biden issued Executive Order 14083 (“EO 14083”) that the White House describes as a “first-ever presidential directive defining additional national security factors for CFIUS to consider in...more
On June 6, 2022, the Office of Foreign Assets Control (“OFAC”) within the U.S. Department of the Treasury announced new Frequently Answered Questions (“FAQs”) that interpret several previous Executive Orders (“EOs”) issued by...more
6/10/2022
/ Accounting ,
Biden Administration ,
Consultants ,
Contract Management ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Exports ,
Financial Services Industry ,
Foreign Investment ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
On April 6, 2022, the U.S. Government announced its latest round of sanctions against the Russian Federation in coordination with the European Union (“EU”) and other allies. President Biden issued Executive Order 14071 (“EO...more
4/11/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Most-Favored Nations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
Trade Restrictions ,
Ukraine
As part of its expanding sanctions against Russia, the Biden Administration on March 8, 2022, issued Executive Order 14066 (“EO 14066,” see here) to bar imports into the United States of Russian crude oil, petroleum;...more
3/14/2022
/ Biden Administration ,
Blocked Entities ,
Blocked Person ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
General Licenses ,
Imports ,
Most-Favored Nations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
Ukraine
The Biden Administration and several allied countries announced on February 22 new economic sanctions on Russia and the separatist territories in Ukraine. In the United States, the sanctions target only certain Russian...more
2/23/2022
/ Biden Administration ,
Blocked Entities ,
Blocked Person ,
Economic Sanctions ,
Embargo ,
Financial Institutions ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
U.S. Treasury ,
Ukraine
President Biden signed into law on December 23 legislation that will, for the first time, require U.S. Customs and Border Protection (“CBP”) to detain all imports that are made wholly or partly in the Xinjiang Uyghur...more
12/29/2021
/ Asia ,
Biden Administration ,
China ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Executive Orders ,
Forced Labor ,
Foreign Policy ,
Human Rights ,
Imports ,
National Security ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Procurement Guidelines ,
Rebuttable Presumptions ,
Reputation Management ,
Risk Management ,
Supply Chain ,
Technology Sector ,
Third-Party ,
Upstream Contracts ,
USTR
As part of the Biden Administration’s comprehensive review of U.S. policy towards China, Katherine Tai, the U.S. Trade Representative (“USTR”), has requested public comments on whether USTR should reinstate certain...more
10/19/2021
/ Biden Administration ,
China ,
Country of Origin ,
Exclusions ,
Imports ,
Public Comment ,
Requests for Exclusion ,
Section 301 ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
The Biden Administration last week substantially modified restrictions on U.S. person investments in certain Chinese companies, focusing those new restrictions particularly on entities with ties to the Chinese defense or...more
6/11/2021
/ Biden Administration ,
China ,
Department of Defense (DOD) ,
Executive Orders ,
Military End Use ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
SDN List ,
Surveillance ,
Technology Sector ,
Trump Administration
Effective June 1, 2021, the U.S. Department of the Treasury's Office of Foreign Assets Control (“OFAC”) published new Burmese Sanctions Regulations (“BSR”) that implement President Biden’s February 10, 2021, Executive Order...more
6/7/2021
/ Biden Administration ,
Blocked Person ,
Bureau of Industry and Security (BIS) ,
Burma ,
Economic Sanctions ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
George W Bush ,
ITAR ,
Myanmar ,
Obama Administration ,
Office of Foreign Assets Control (OFAC) ,
President Clinton
On April 8, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added seven Chinese supercomputer firms and organizations to its Entity List, the agency’s principal export sanctions list. BIS alleges...more
4/26/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Customs and Border Protection ,
Entity List ,
Export Administration Regulations (EAR) ,
Exports ,
Forced Labor ,
Huawei ,
Human Rights ,
Imports ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
ZTE
The U.S. District Court for the District of Columbia recently ruled that certain securities trading restrictions will be prevented from going into effect with respect to Xiaomi Corporation (“Xiaomi”) under Section 1237 of the...more
On January 19, 2021, one day before the transition to the new Biden Administration, the U.S. Department of Commerce published its interim final regulations (“Regulations”) that will allow the United States to review, block,...more
3/26/2021
/ Biden Administration ,
CFIUS ,
China ,
Electronic Communications ,
Foreign Investment ,
Information Technology ,
Interim Final Rules (IFR) ,
Licensing Rules ,
Prohibited Transactions ,
Technology ,
U.S. Commerce Department
On January 11, Secretary of State Michael Pompeo announced the Trump Administration in its final week in office is returning Cuba to the official State Department list of state sponsors of terrorism. Cuba will thus re-join...more
1/15/2021
/ Biden Administration ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Export Administration Regulations (EAR) ,
Foreign Policy ,
Humanitarian Assistance ,
ITAR ,
NGOs ,
Obama Administration ,
Office of Foreign Assets Control (OFAC) ,
State Sponsors of Terrorism ,
Trump Administration ,
TSRA ,
United Nations