On December 11, the Department of Justice, the Department of Commerce’s Bureau of Industry and Security (BIS), the Department of Homeland Security, the Department of State’s Directorate of Defense Trade Controls (DDTC), and...more
1/12/2024
/ Bad Actors ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
Foreign Subsidiaries ,
Iran Sanctions ,
Nasdaq ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Supply Chain ,
Tariffs ,
U.S. Commerce Department ,
Virtual Currency
1. BIS Releases Texts of New Chip Export Control Rules-
Updating and expanding on rules issued last year, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released three rules on October 27 targeting...more
11/8/2023
/ Artificial Intelligence ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Export Controls ,
Firearms ,
Hamas ,
International Trade ,
Israel ,
Joe Biden ,
National Security ,
NIST ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Semiconductors ,
Supply Chain ,
U.S. Commerce Department ,
Venezuela
On June 16, the U.S. Department of Commerce published a final rule, to be effective July 17, implementing the Protecting Americans’ Sensitive Data From Foreign Adversaries and amending the Securing the Information and...more
7/11/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Evasion ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Iran ,
North Korea ,
Russia ,
Supply Chain ,
Technology ,
U.S. Commerce Department ,
U.S. Treasury ,
Unmanned Aircraft Systems ,
Whistleblower Awards
1. Reverse CFIUS Expected To Be Narrow and Only Forward-Looking Laura Black, a former Treasury Department official, recently discussed how companies should prepare for any potential U.S. outbound investment review process....more
2/20/2023
/ CFIUS ,
China ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Foreign Investment ,
NDAA ,
Section 301 ,
Supply Chain ,
U.S. Treasury ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA)
1. Late last year, the Federal Communications Commission (FCC) adopted new rules to block the importation and sale of telecommunications equipment considered unacceptably hazardous to U.S. national security. The Report and...more
1/11/2023
/ CFIUS ,
China ,
Covered Entities ,
Criminal Conspiracy ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
FCC ,
General Licenses ,
Memorandum of Understanding ,
NPRM ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Section 301 ,
Supply Chain ,
Telecommunications ,
US Department of State ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Wire Fraud
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule that significantly expands export controls on advanced computing materials and semiconductors. These controls are...more
1. Updates to Russia Sanctions and Export Controls-
In response to the ongoing attack on Ukraine, the U.S. government continues on a weekly basis to increase economic sanctions and export controls on Russia.
...more
4/11/2022
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Court of International Trade ,
Cryptocurrency ,
Economic Sanctions ,
Environmental Social & Governance (ESG) ,
Export Administration Regulations (EAR) ,
Export Controls ,
FCC ,
International Trade ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Supply Chain ,
Tariffs ,
U.S. Treasury
1. Treasury Mandates Reporting of Foreign Securities Holdings of $200M or More-
All U.S. persons (custodians and end investors) who manage $200 million or more in foreign securities for themselves or others must file a...more
2/2/2022
/ Anti-Money Laundering ,
Biotechnology ,
Bureau of Industry and Security (BIS) ,
Burma ,
CFIUS ,
Cybersecurity ,
Export Controls ,
Forced Labor ,
Foreign Securities ,
Hong Kong ,
Office of Foreign Assets Control (OFAC) ,
Policies and Procedures ,
Popular ,
Reporting Requirements ,
Russia ,
Sanctions ,
SDN List ,
Supply Chain ,
U.S. Treasury ,
Ukraine
Premise: Nearly all companies have exposure to international trade laws when doing business. Spotting these risks early when negotiating agreements and transactions will prevent future liability and costs. So, when drafting...more
11/30/2021
/ Buy American Act ,
CFIUS ,
Environmental Social & Governance (ESG) ,
Exports ,
Foreign Investment ,
Imports ,
International Trade ,
Liability ,
Sanctions ,
Supply Chain ,
Tariffs
1. New Cybersecurity Export Controls From BIS Go Into Effect in January -
The Bureau of Industry and Security (BIS) has released an interim final rule establishing new export controls on certain cybersecurity items and...more
11/3/2021
/ Anti-Dumping Duty ,
Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Espionage ,
Export Controls ,
Exports ,
False Claims Act (FCA) ,
Financial Crimes ,
FinCEN ,
National Security ,
NCSC ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Russia ,
Sanctions ,
Section 301 ,
Supply Chain ,
Technology ,
U.S. Commerce Department ,
U.S. Treasury ,
US Trade Policies ,
USTR ,
Virtual Currency
As global trade policy affects supply chains and importing and exporting, companies often have interests on both sides of global trade issues. They want lower costs and efficient labor sources and want to sell their goods and...more
11/2/2021
/ Audits ,
Buy American Act ,
China ,
Exports ,
Federal Trade Commission (FTC) ,
Global Market ,
Imports ,
Joe Biden ,
Sanctions ,
Section 301 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
US Trade Policies
How companies should navigate today’s shifting global trade landscape and remain in compliance amid increasing government scrutiny.
What it means for your strategic business planning.
We all know global trade policy...more
8/24/2021
/ Airbus ,
Boeing ,
Buy American Act ,
China ,
Court of International Trade ,
Cross-Border ,
Department of Justice (DOJ) ,
Exports ,
Forced Labor ,
Foreign Investment ,
Imports ,
Joe Biden ,
National Security ,
OECD ,
Supply Chain ,
Technology Sector ,
Trade Policy ,
WTO
1. Biden Administration Trade Posture-
The Biden administration is slowly and steadily reviewing the decisions of the Trump administration. So far, the administration has struck a deal with the EU to end the 17-year-old...more
8/9/2021
/ Airbus ,
Biden Administration ,
Boeing ,
CFIUS ,
China ,
Department of Homeland Security (DHS) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Foreign Policy ,
Interagency Guidance ,
National Security ,
OECD ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
Section 301 ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
Unfair or Deceptive Trade Practices ,
WTO
1. BIS Eliminates Reporting Requirements for Certain Encryption Items Effective March 29, 2021, BIS eliminated or reduced reporting requirements for certain encryption items.
For encryption source code and beta test...more
5/27/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Encryption ,
Executive Orders ,
Financial Institutions ,
Foreign Direct Investment ,
Huawei ,
Joe Biden ,
Pharmaceutical Industry ,
Proposed Legislation ,
Reporting Requirements ,
Russia ,
Sanctions ,
Section 301 ,
Software ,
Supply Chain ,
Surveillance ,
Tariffs ,
Technology Sector ,
USTR ,
ZTE
Welcome to the inaugural edition of Lowenstein Sandler’s Trade Matters. Each month, we will cover important developments related to international trade law and compliance. We look forward to a continuing dialogue with our...more
3/1/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Court of International Trade ,
Entity List ,
EU ,
Executive Orders ,
Extraterritoriality Rules ,
Forced Labor ,
Imports ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Supply Chain ,
Tariffs ,
UK
Hypersonics — the science behind missiles that travel in excess of Mach 5 and can quickly change trajectory mid-flight — illustrate the challenges faced by U.S. companies working on emerging technologies...
Originally...more
U.S. government agencies are increasing scrutiny of the supply chain of companies developing hypersonic technologies used in military aircraft and missiles amid escalating tensions with China and Russia. Lowenstein Sandler...more
10/30/2020
/ CFIUS ,
China ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Defense (DOD) ,
Foreign Acquisitions ,
Foreign Adversaries ,
National Security ,
Pentagon ,
Russia ,
Safe Harbors ,
Supply Chain ,
Technology
Trade compliance programs save manufacturers of goods with overseas supply chains thousands of dollars in duties, fines, and penalties.
According to a 2019 federal study, President Donald Trump’s tariffs and subsequent...more
10/23/2020
/ Audits ,
Commerce Control List ,
Compliance ,
ECCNs ,
Fines ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies
Reflecting increasing U.S. government concern regarding Chinese access to U.S. critical technologies and critical infrastructure, POWER magazine recently reported on the Department of Energy’s (DOE) publication of a Request...more
7/20/2020
/ Acquisitions ,
Bulk Electric System ,
China ,
Department of Energy (DOE) ,
Energy Sector ,
FBI ,
Foreign Adversaries ,
Imports ,
Installation Services ,
Request For Information ,
Russia ,
Supply Chain ,
Technology ,
Transfers
On May 14, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Department of State, and the U.S. Coast Guard issued a Sanctions Advisory for the Maritime Industry, Energy and Metals...more
5/18/2020
/ Coast Guard ,
Due Diligence ,
Economic Sanctions ,
Iran ,
Iran Sanctions ,
Maritime Transport ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Shipping ,
Supply Chain ,
Syria ,
Unfair or Deceptive Trade Practices ,
US Department of State
The Office of the United States Trade Representative (USTR) is now accepting comments regarding the possible extension of List 3 product exclusions that are set to expire on August 7. Companies are invited to submit comments...more
5/5/2020
/ China ,
Comment Period ,
Exclusions ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
The coronavirus pandemic has affected international trade in a number of ways, from supply chain disruptions, calls to reduce tariffs on U.S. imports, pressure to relax economic sanctions to stem the spread of the virus and...more
With more than 153,000 cases reported globally (as of March 15, 2020), including more than 1,600 in the United States (as of March 13, 2020)–and both totals increasing by the hour–the COVID-19 pandemic is already wreaking...more