The risks for international investments have sharply expanded in recent years. Identifying, managing, and mitigating investment risk, in the current regulatory environment, can be just as essential as managing risk in any...more
8/2/2024
/ Acquisitions ,
Anti-Corruption ,
Anti-Dumping Duty ,
Anti-Money Laundering ,
Antitrust Provisions ,
CFIUS ,
Compliance ,
Countervailing Duties ,
Due Diligence ,
ECCNs ,
Employee Training ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Imports ,
Mergers ,
Military Service Members ,
Multinationals ,
Supply Chain ,
Tariffs ,
Uyghur Forced Labor Prevention Act (UFLPA)
We have received a number of inquiries regarding the implications of the new solar panels antidumping (AD) and countervailing duty (CVD) investigations. With the ITC just issuing its affirmative preliminary determination, we...more
7/5/2024
/ Anti-Discrimination Policies ,
Countervailing Duties ,
Importers ,
Imports ,
International Trade ,
International Trade Commission (ITC) ,
Manufacturers ,
Multinationals ,
Solar Panels ,
Supply Chain ,
Tariffs
As an accompaniment to our biweekly series on “What Every Multinational Company Should Know About” various international trade, enforcement, and compliance topics, below find an update to our series on compliance checks that...more
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
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
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
1. Customs Compliance Will Continue to be Essential Under the New Administration -
Under the Trump administration, customs matters came to the forefront of compliance attention for many automotive companies. This was...more
3/31/2021
/ Automotive Industry ,
Biden Administration ,
Compliance ,
Customs and Border Protection ,
Enforcement Actions ,
Free Trade Agreements ,
International Trade ,
Section 232 ,
Tariffs ,
Trade Wars ,
United States-Mexico-Canada Agreement (USMCA)
Many U.S. manufacturers that rely on Chinese-origin goods have been paying steep tariffs of up to 25% on the import of Chinese goods due to special Section 301 tariffs. Because these tariffs were applied to the vast majority...more
This white paper lays out a twelve-step program for dealing with the Trump administration trade war, both for importers who are dealing with special tariffs and the sharp increase in antidumping and countervailing duty...more
6/13/2019
/ Aluminum Sales ,
Anti-Dumping Duty ,
China ,
Countervailing Duties ,
Exclusions ,
Exports ,
Free Trade Agreements ,
Imports ,
Risk Management ,
Section 232 ,
Section 301 ,
Steel Industry ,
Tariffs ,
Trade Policy ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
US Trade Policies
Welcome to Foley’s new Manufacturing MarketTrends newsletter. In each edition, we will highlight key trends to watch out for in 2019, making it a year of change for manufacturers. ...more
4/18/2019
/ China ,
Cybersecurity ,
Due Diligence ,
Economic Sanctions ,
Manufacturers ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Section 301 ,
Supply Chain ,
Tariffs ,
US Trade Policies
Given the pace of change in the automotive space and related technologies, combined with increasing regulatory scrutiny and recent developments in trade and M&A, the global automotive industry can anticipate several risks and...more
1/23/2019
/ Acquisitions ,
Antitrust Violations ,
Automotive Industry ,
Cybersecurity ,
Employer Liability Issues ,
Foreign Corrupt Practices Act (FCPA) ,
Intellectual Property Protection ,
International Labor Laws ,
Manufacturers ,
Mergers ,
NAFTA ,
NHTSA ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
The business community, lawmakers and even workers across North America breathed a collective sigh of relief on October 1, 2018, after the renegotiated NAFTA agreement was unveiled. Following negotiations that had become...more
11/30/2018
/ Agricultural Sector ,
Automotive Industry ,
Canada ,
Cross-Border Transactions ,
Exports ,
Forced Labor ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Intellectual Property Protection ,
Investor State Dispute Settlement (ISDS) ,
Mexico ,
NAFTA ,
Section 232 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
The automotive sector is getting a quick primer on the various ways in which the international trade laws can target automotive imports. In addition to the announcement of a potential Section 232 tariffs or other trade...more
8/13/2018
/ Automotive Industry ,
China ,
Exclusions ,
Force Majeure Clause ,
Imports ,
Notice Requirements ,
Presidential Memorandum ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
Listening to companies that predicted chaos within their supply chains if there were not some kind of exemption process for the Section 301 tariffs, the U.S. Trade representative has announced a process for importers to...more
7/18/2018
/ Automotive Industry ,
China ,
Exclusions ,
Force Majeure Clause ,
Imports ,
Notice Requirements ,
Presidential Memorandum ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
If private equity and other investors were not aware of the power of the secretive Committee on Foreign Investment in the United States (CFIUS, or the Committee), its decision to reach out and quash the potential...more
4/18/2018
/ Acquisitions ,
Blocked Mergers ,
Broadcom ,
CFIUS ,
China ,
FINSA ,
FIRRMA ,
Foreign Investment ,
Hostile Takeover ,
Infrastructure ,
Intellectual Property Protection ,
ITAR ,
Mergers ,
National Security ,
Qualcomm ,
Section 301 ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration
On March 23rd, automotive companies that rely on imported steel and aluminum were confronted with new special tariffs of 25 percent on all imports of steel and tariffs of ten percent on all imports of aluminum, with temporary...more
4/6/2018
/ Automotive Industry ,
Bureau of Industry and Security (BIS) ,
Exclusions ,
Imports ,
Manufacturers ,
National Security ,
Section 232 ,
Steel Industry ,
Tariffs ,
Trade Policy ,
Trump Administration
On March 23, automotive companies that rely on imported steel and aluminum were confronted with new special tariffs of 25 percent on all imports of steel and tariffs of 10 percent on all imports of aluminum, with temporary...more
4/4/2018
/ Automotive Industry ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Exclusions ,
Imports ,
Manufacturers ,
NAFTA ,
National Security ,
Section 232 ,
Steel Industry ,
Tariffs ,
Trade Policy ,
Trump Administration ,
U.S. Commerce Department ,
WTO
On March 23rd, steel and aluminum users were confronted with new special tariffs of 25 percent on all imports of steel and tariffs of ten percent on all imports of aluminum, with temporary exclusions for Argentina, Australia,...more
3/26/2018
/ Automotive Industry ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Exclusions ,
Imports ,
Manufacturers ,
NAFTA ,
National Security ,
Section 232 ,
Steel Industry ,
Tariffs ,
Trade Policy ,
Trump Administration ,
U.S. Commerce Department ,
WTO
An open question coming into 2017 was whether the aggressive enforcement posture that had characterized the Obama and Bush administrations would continue under the Trump administration. Any questions were answered with the...more
3/19/2018
/ Anti-Bribery ,
Anti-Corruption ,
Automotive Industry ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
Exports ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Joint Comprehensive Plan of Action (JCPOA) ,
Manufacturers ,
Multinationals ,
NAFTA ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Tariffs ,
Trade Policy ,
Trump Administration
The international trade front has had some important developments over the last few weeks that will likely have significant impacts on the construction of domestic wind, solar, biomass and other types of renewable energy...more
3/12/2018
/ China ,
Countervailing Duties ,
Department of Defense (DOD) ,
Imports ,
NAFTA ,
National Security ,
Section 232 ,
Steel Industry ,
Tariffs ,
Trade Policy ,
Trump Administration ,
WTO
On March 1st, the automotive sector that consume steel and aluminum were confronted with a potentially large tariff rate increase. Despite intense lobbying by automotive companies, President Trump announced that the U.S....more
Companies that import steel or aluminum saw the detonation of a major international trade bomb on March 1st. President Trump announced that the U.S. Government would invoke the seldom-used section 232 national security...more
3/6/2018
/ Anti-Dumping Duty ,
Automotive Industry ,
CFIUS ,
Countervailing Duties ,
Department of Defense (DOD) ,
Imports ,
NAFTA ,
National Security ,
Section 232 ,
Steel Industry ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trade Policy ,
Trump Administration ,
U.S. Commerce Department ,
WTO
During the campaign, U.S. Customs & Border Protection (CBP) was mostly mentioned by President Trump in the context of illegal immigration. Controlling the flow of people, however, is only one of the jobs of CBP, which is part...more
2/9/2017
/ Anti-Dumping Duty ,
Audits ,
Bonds ,
C-TPAT ,
China ,
Compliance ,
Corporate Counsel ,
Countervailing Duties ,
Country of Origin ,
Criminal Penalties ,
Customs and Border Protection ,
Data Collection ,
Department of Justice (DOJ) ,
Due Diligence ,
Exports ,
False Claims Act (FCA) ,
Forced Labor ,
Illegal Imports ,
Immigration Reform ,
Imports ,
Intellectual Property Protection ,
Mexico ,
NAFTA ,
Tariffs ,
Trade Facilitation and Trade Enforcement Act ,
Trump Administration
Globalization and the need to efficiently deploy corporate resources have led many multinational companies to establish global supply networks. Although these efforts often lead to the efficient deployment of capital,...more
1/11/2017
/ Anti-Dumping Duty ,
China ,
Countervailing Duties ,
Cross-Border Transactions ,
Customs and Border Protection ,
Exports ,
False Claims Act (FCA) ,
Imports ,
International Trade Commission (ITC) ,
Manufacturers ,
Most-Favored Nations ,
Multinationals ,
NAFTA ,
Remedies ,
Section 301 ,
Section 337 ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration ,
U.S. Commerce Department ,
Unfair Trade Practices Act ,
WTO