Share on Twitter Print Share by Email Share Back to top In Part I and Part II of “What Every Multinational Company Needs to Know About … The Uyghur Forced Labor Prevention Act” (UFLPA), we summarized the UFLPA requirements...more
2/23/2024
/ Compliance ,
Corporate Counsel ,
Customs and Border Protection ,
Forced Labor ,
Human Trafficking ,
Internal Controls ,
International Trade ,
Multinationals ,
New Guidance ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
In our previous biweekly update, What Every Multinational Needs to Know About … The Uyghur Forced Labor Prevention Act, Part I, we summarized the UFLPA requirements and the basic expectations that U.S. Customs and Border...more
2/1/2024
/ Compliance ,
Corporate Counsel ,
Customs and Border Protection ,
Due Diligence ,
Forced Labor ,
Human Trafficking ,
Imports ,
International Trade ,
Multinationals ,
Risk Management ,
Supply Chain ,
Transparency ,
Uyghur Forced Labor Prevention Act (UFLPA)
We have received multiple requests to provide guidance regarding the critically important area of the Uyghur Forced Labor Prevention Act (UFLPA). Because of the recency of the UFLPA, which went into effect on June 21, 2021,...more
1/18/2024
/ China ,
Customs and Border Protection ,
Due Diligence ,
Forced Labor ,
Goods or Services ,
Human Rights ,
Importers ,
Imports ,
Popular ,
Risk Mitigation ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
We have received several requests for a list of the compliance policies that make sense for every multinational company. So, as a follow-up to our earlier two posts providing “twelve steps to international compliance” (see...more
1/4/2024
/ Anti-Corruption ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Antitrust Provisions ,
Books & Records ,
Code of Conduct ,
Compliance ,
Conflicts of Interest ,
Copyright ,
Customs ,
Cybersecurity ,
Data Protection ,
Document Retention Policies ,
Economic Sanctions ,
Ethics ,
Export Controls ,
Family and Medical Leave Act (FMLA) ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Human Trafficking ,
Imports ,
Insider Trading ,
Internal Controls ,
Litigation Hold ,
Multinationals ,
Popular ,
Privacy Laws ,
Risk Mitigation ,
Social Media ,
Supply Chain ,
Trademarks ,
Uyghur Forced Labor Prevention Act (UFLPA)
Happy Holidays! We are hoping that everyone has gotten in all those last-minute CLE credits and finished holiday shopping for that special someone who is looking for compliance training aids under the Christmas tree. And for...more
In our prior update (published November 29), we provided the first five steps in our twelve-step program for international compliance. These steps are intended to help companies identify international regulatory risk inherent...more
12/14/2023
/ Antiboycott Requirements ,
Audits ,
Compliance ,
Customs ,
Economic Sanctions ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Controls ,
Policies and Procedures ,
Risk Assessment ,
SDN List ,
Supply Chain ,
Third-Party ,
Training
Record penalties for violations of U.S. regulations governing international conduct and transactions illustrate the risk of costly enforcement actions facing multinational companies. Yet, many multinational companies lack...more
11/30/2023
/ Anti-Corruption ,
Compliance ,
Customs ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Internal Controls ,
International Regulatory Standards ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Risk Assessment ,
Risk Mitigation ,
SDN List ,
Supply Chain ,
UK Bribery Act ,
USML
The United States Customs and Border Protection (CBP) prioritizes enforcing rules against the use of forced labor and human trafficking. The CBP’s ramped-up enforcement of the Uyghur Forced Labor Prevention Act (UFLPA) is...more
11/28/2023
/ China ,
Code of Conduct ,
Compliance ,
Customs and Border Protection ,
Due Diligence ,
Enforcement ,
Entity List ,
Forced Labor ,
Importers ,
International Labor Organization (ILO) ,
Investigations ,
NGOs ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
Happy Thanksgiving! As anyone who saw our Halloween International Trade Update is aware, we are all in favor of alternative ways to get out our international regulatory compliance message. So, who better to aid in our...more
Did you know that whistleblowers can use the False Claims Act to get the U.S. Government to investigate allegations of lost revenue to the U.S. Treasury, including underpaid Customs tariffs? A large importer recently found...more
11/17/2023
/ Anti-Discrimination Policies ,
CAATSA ,
Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement ,
Export Controls ,
False Claims Act (FCA) ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Human Trafficking ,
Importers ,
International Trade ,
Revenue ,
Russia ,
Whistleblowers
A veritable grab bag of international trade developments to parse this week. Recent developments include increasing FCPA enforcement, a record OFAC economic sanctions penalty, and a large customs penalty for willful failure...more
10/26/2023
/ Anti-Money Laundering ,
Audits ,
Compliance ,
Customs ,
Duties ,
Economic Sanctions ,
Enforcement ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
International Trade ,
Misclassification ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Valuation
Happy Halloween! In honor of the holiday, we are taking our compliance message in a bit of a . . . spooky direction. But our message remains the same: International transactions are inherently high-risk; they require constant...more
The U.S. Government continues to send compliance messages in a variety of international trade areas. Recent developments include clarifications from the Court of International Trade regarding how country of origin is to be...more
10/16/2023
/ Anti-Dumping Duty ,
Compliance ,
Countervailing Duties ,
Court of International Trade ,
Customs ,
Enforcement ,
Export Controls ,
Forced Labor ,
Human Trafficking ,
International Trade ,
Supply Chain ,
U.S. Commerce Department ,
US Enforce and Protect Act (EAPA)
On October 4, 2023, U.S. producers of aluminum extrusions filed antidumping duty (AD) and countervailing duty (CVD) petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC),...more
The inaugural article in our International Trade, Enforcement & Compliance regulatory series, “What Every Multinational Organization Should Know About . . . Customs,” provided a list of Customs red flags and errors that we...more
Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.”
Instead, they are applying lessons learned from the...more
7/11/2023
/ Artificial Intelligence ,
Best Practices ,
Clawbacks ,
Compensation ,
Compliance ,
Customs and Border Protection ,
Cyber Threats ,
Cybersecurity ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Intellectual Property Protection ,
Machine Learning ,
Manufacturers ,
Securities and Exchange Commission (SEC) ,
Supply Chain
Recent developments include fair warning from the Department of Justice that national security concerns can invade even ordinary business activities, a reminder that the False Claims Act increasingly is being used as a weapon...more
6/22/2023
/ Antitrust Division ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement ,
Export Administration Regulations (EAR) ,
Export Controls ,
False Claims Act (FCA) ,
International Trade ,
National Security ,
U.S. Commerce Department ,
Voluntary Disclosure
Both enforcement agencies and consumers increasingly are focused on manufacturers’ supply chains. Human rights enforcement frameworks increasingly have real teeth. Both the United States and the European Union either have, or...more
6/8/2023
/ Compliance ,
Consumers ,
Country of Origin ,
Due Diligence ,
Enforcement ,
EU ,
Human Rights ,
Manufacturers ,
Modern Slavery Act ,
Office of Foreign Assets Control (OFAC) ,
Risk Management ,
Slavery ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
Did you read this week’s article on supply chain integrity? If so, you won’t be surprised to see this week’s International Trade update includes a timely reminder regarding avoiding the use of forced labor in its supply...more
6/8/2023
/ Anti-Money Laundering ,
Compliance ,
Customs and Border Protection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Forced Labor ,
International Trade ,
Jurisdiction ,
Made in the USA ,
Supply Chain ,
Tariffs
Recent developments include significant antitrust penalties, the issuance of CBP compliance guidance regarding the Uyghur Forced Labor Prevention Act, increasing emphasis on economic sanctions, “the new FCPA,” and the...more
5/25/2023
/ Anti-Corruption ,
Anti-Dumping Duty ,
Compliance ,
Cross Border Privacy Rules (CBPR) ,
Economic Sanctions ,
Enforcement ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
International Trade ,
Non-Compete Agreements ,
Uyghur Forced Labor Prevention Act (UFLPA)
The international trade and regulatory environment never has been more difficult for multinational corporations to navigate. For companies that operate, source from, or sell goods, software, or services across borders, legal...more
5/11/2023
/ Audits ,
Compliance ,
Customs and Border Protection ,
Duties ,
Enforcement ,
False Claims Act (FCA) ,
Forced Labor ,
International Trade ,
Penalties ,
Risk Assessment ,
Tariffs
Recent developments include the U.S. government using novel legal theories to expand jurisdiction over banking activities outside the United States, the imposition of hundreds of millions of dollars of penalties on companies...more
Many have viewed corporate commitments to ESG as largely performative measures amidst toothless compliance frameworks. But this has been changing and we expect that change to continue. One example arises out of the “S” in...more
12/20/2022
/ Child Labor ,
Compliance ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU ,
Forced Labor ,
Imports ,
Proposed Regulation ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
On December 8, 2022, the U.S. Department of Commerce (“USDOC”) published its preliminary determination that certain manufacturers of solar energy products in Malaysia, Vietnam, Thailand, and Cambodia that rely on...more
As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more
7/7/2022
/ Artificial Intelligence ,
Audits ,
BPA ,
China ,
Climate Change ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Copyright ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Ethics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
ICFR ,
Internet of Things ,
Investment ,
Liability ,
Machine Learning ,
Manufacturers ,
Mexico ,
Model Contract Clauses ,
NLRA ,
NLRB ,
Office of Foreign Assets Control (OFAC) ,
Patents ,
PFAS ,
Popular ,
Proposed Rules ,
Remote Working ,
Risk Management ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Trade Secrets ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)