On May 13, 2024, President Biden signed into law the Prohibiting Russian Uranium Imports Act ("the Act"), which bans imports of low-enriched uranium ("LEU") produced in Russia or by a Russian entity. The Act will go into...more
On June 16, the U.S. Department of Commerce published a final rule, effective July 17, 2023, on Securing the Information and Communications Technology and Services ("ICTS") Supply Chain, signaling potential new actions on...more
In Short -
The Situation: On October 7, 2022, the U.S. government announced new regulations aimed at restricting China's ability to manufacture advanced semiconductors, obtain advanced computing chips, and develop and...more
The OMB has issued memorandum M-22-18 with new security requirements (the "Rules") requiring federal agencies to ensure that all third-party software they use complies with secure software development standards and guidance...more
On September 6, 2022, the U.S. Department of Commerce ("Commerce") released its implementation strategy for the Creating Helpful Incentives to Produce Semiconductors ("CHIPS") for America Fund, outlining how Commerce will...more
On December 23, 2021, President Biden signed the Uyghur Forced Labor Prevention Act ("UFLPA" or the "Act") into law. The Act creates a rebuttable presumption that "any goods, wares, articles, and merchandise mined, produced,...more
4/28/2022
/ China ,
Customs and Border Protection ,
Enforcement Actions ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Rebuttable Presumptions ,
Supply Chain ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
The Office of the United States Trade Representative ("USTR") is seeking comments on the possible reinstatement of Section 301 tariff exclusions on 549 Chinese-origin products. The Office of the United States Trade...more
10/29/2021
/ China ,
Comment Period ,
Exclusions ,
Imports ,
International Harmonization ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
The Situation: As part of a series of recent executive actions regarding the People's Republic of China ("PRC"), President Biden issued a new executive order on June 3, 2021—Executive Order 14032—that refines novel sanctions...more
6/30/2021
/ Biden Administration ,
China ,
Defense Sector ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
Investment ,
National Security ,
Prohibited Transactions ,
Securities Transactions ,
Supply Chain
President Biden's Executive Orders on China underscore the need for experienced counsel in U.S.-China transactions as the two countries' relations continue to impact the regulatory landscape. On June 9, 2021, President Biden...more
6/30/2021
/ Biden Administration ,
Blocking Statutes ,
China ,
Executive Orders ,
Foreign Adversaries ,
Foreign Policy ,
Foreign Relations ,
Mobile Apps ,
National Security ,
Software ,
Supply Chain ,
TikTok ,
Trade Retaliation ,
US Trade Policies
These targeted restrictions present a pressing need for U.S. solar and electronics companies to evaluate their supply chain for critical inputs and monitor subsequent U.S. Customs Border Patrol ("CBP") forced labor...more
6/29/2021
/ Biden Administration ,
China ,
Customs and Border Protection ,
Electronics ,
Entity List ,
Exports ,
Forced Labor ,
Imports ,
Silica ,
Solar Energy ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies
The risk of detention or seizure of products imported into the United States warrants renewed attention to responsible business practices on forced labor risk in global supply chains.
United States Customs and Border...more
Renewed government focus on imported products made with forced or indentured labor warrants attention to global supply chains best practices.
On March 29, 2021, United States Customs and Border Protection ("CBP") announced...more
The Situation: Later this month, transactions in the information and communication technology and services ("ICTS") sector that involve designated "foreign adversaries" will be subject to review by the U.S. Department of...more
The Situation: The United States federal government—including Congress, the Department of Labor, the Department of Homeland Security, and the Department of the Treasury—continues to ramp up efforts to address reports of...more
The Situation: On July 14, 2020, President Trump signed into law the Hong Kong Autonomy Act (the "HKAA"), the U.S. government's response to China's new National Security Law for Hong Kong.
The Result: The HKAA could...more
7/24/2020
/ Blocking Sanctions ,
China ,
Export Controls ,
Foreign Financial Institutions (FFI) ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
Supply Chain ,
Trump Administration ,
U.S. Treasury ,
US State Departments ,
US Trade Policies
The Situation: On April 28, 2020, the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") published two final rules as well as one proposed rule amending the Export Administration Regulations ("EAR") to...more
The Situation: The United States government has been ramping up its efforts to protect sensitive data and is making clear it expects its contractors to protect data they receive and create. According to a recent Inspector...more
10/25/2019
/ Cloud Computing ,
Corporate Counsel ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NIST ,
Popular ,
Supply Chain
In our December 2016 Commentary on the "Government Contracts Ramifications of the Trump Election" and our January 2017 update, we predicted that the Trump Administration would seek to strengthen domestic preferences in...more
5/4/2017
/ Buy America ,
Buy American Act ,
Domestic Hiring Policy ,
Executive Orders ,
Federal Contractors ,
Public Interest Waivers ,
Public Procurement Policies ,
Steel Industry ,
Subcontractors ,
Supply Chain ,
Trump Administration ,
USTR ,
WTO