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USTR Starts New Section 301 Tariffs: Be Prepared

Importers must act swiftly to prepare for new Section 301 tariffs which can apply as soon as August 1, 2024, and for exclusions that expire as soon as June 14, 2024. As predicted in our recent alert USTR May Triple the...more

USTR May Triple the Existing 301 Tariff Rate

Importers must begin to prepare for another round of Section 301 tariffs on China-based products, as President Biden and the United States Trade Representative (USTR) will seek to take further action on China tariffs...more

Congressional Committee Requests Further Enforcement of the Uyghur Forced Labor Prevention Act

In 2023, U.S. Customs and Border Protection (CBP) heightened enforcement of the Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA established a rebuttable presumption prohibiting the importation of goods mined, produced,...more

Section 301 Tariffs On China-Based Manufacturing: Here to Stay (For Now)

A recent decision by the U.S. Court of International Trade ("USCIT") means that tariffs on imports from China under Section 301 of the Trade Act of 1974 will remain in place for now. In 2018, the United States imposed...more

CBP Allocates Funding for Uyghur Forced Labor Prevention Act Enforcement

Equipped with full funding, U.S. Customs and Border Protection (CBP) now looks to heighten enforcement of the Uyghur Forced Labor Prevention Act (UFLPA) with automotive suppliers squarely in sight....more

USTR Reinstates Certain Exclusions from Section 301 China Tariffs

On March 23, 2022, the Office of the United States Trade Representative ("USTR") announced its determination ("Determination") to reinstate 352 of the 549 eligible previously granted, extended, and later expired Section 301...more

U.S. Export Controls and Sanctions Update: Russia, Belarus and Ukraine

Broad U.S. export controls and sanctions recently imposed on Russia, Belarus and specific areas of Ukraine may impact companies with international exposure to these regions, including but not limited to industries such as...more

Biden Executive Order Strengthens and Expands U.S. Sanctions on Chinese Military Companies

President Biden has signed an Executive Order effective August 2, 2021, affirming and expanding U.S. policy restricting the purchase and sale of publicly traded securities of listed Chinese companies with a nexus to China's...more

Recent Developments on U.S. Ban on American Investment in Chinese Military Companies

This alert addresses recent developments relating to former President Trump's executive orders on Chinese Military Companies that affect both investors in covered securities and exporters. OFAC's Frequent Asked Questions -...more

U.S. Department of Commerce Publishes Military End User List for Restricting Exports to China and Russia

On December 23, 2020, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued the anticipated list of designated military end users (MEU List) under Section §744.21 (MEU Rule) of the Export Administration...more

Structuring Contract Provisions for Risks Arising from Automated Driving Systems

The automotive landscape dictating the relationship between OEMs, Tier 1 suppliers and sub-suppliers is changing due to the entrance of new market participants within the automotive supply chain. The new market participants...more

Importers Seek Relief from Section 301 Tariffs on China-Based Manufacturing

The United States has imposed tariffs on various Chinese products under Section 301 of the Trade Act of 1974, one of the principal statutes by which the United States enforces trade agreements and addresses unjustifiable...more

CFIUS Review Authority Expands

New U.S. Treasury rules expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review foreign direct investment in the United States take effect on Feb. 13. Our summary of the new...more

U.S. and Foreign Business Affected by Addition of Huawei to the BIS Entity List

The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. and 68 of its Chinese and global non-US affiliates (the Huawei Group) to the BIS Entity...more

New Executive Order Will Impact Ability of U.S. Companies to Use Certain Technologies Deemed a Security Risk

President Donald J. Trump signed and issued an Executive Order (EO) on May 15, 2019, declaring a national emergency with respect to threats against U.S. information and communications technology or services (I&C Technologies)...more

The "Emerging and Foundational" Impact of the Export Control Reform Act

The Export Control Reform Act of 2018 (ECRA) will have a foundational and emerging impact on the future of U.S. export controls and foreign direct investment. The ECRA sits within the voluminous John S. McCain National...more

Busy Season for U.S. Sanction Programs

The U.S. recently announced some important updates related to U.S. sanctions affecting Iran and Russia: Iran. On May 8, 2018, President Donald Trump announced his decision to cease U.S. participation in the Joint...more

Information filtration under the Export Administration Regulations

Information provides the cornerstone to the modern economy. Information flows across information technology networks similar to water naturally flowing down our mountains, into our streams and rivers, and out to the oceans....more

Status of Key U.S. Sanction Programs

Recently, many revisions to U.S. sanction programs (both implemented and under consideration) have been the topic of much public discussion. Often, the legal status or these revisions may be difficult to determine....more

The Impact of US Export Controls on the Sale of a Manufacturing Business

An owner of a US business that manufactures export-controlled items (“Export Business”) nears retirement. The owner decides to sell the Export Business. In a win for the owner, the sale of the Export Business interests both...more

The Real Export Compliance Challenges of Simulation Software

Simulation software plays a vital role within industry by virtualising the natural trial and error of research and development, as well as reducing the expensive hands-on training time necessary to achieve mastery over...more

Business Opportunities in Iran for US Automotive Manufacturers through non-US Subsidiaries

Implementation Day for the Iranian JCPOA - January 16, 2016 marked Implementation Day for the Joint Comprehensive Plan of Action (JCPOA), as the US Secretary of State confirmed that the International Atomic Energy Agency...more

Have You Agreed Not to Export Software? Yes!

Do you think of yourself as a potential software exporter? If you're reading this article, chances are you purchased software online from Amazon or Apple, and by doing so you agreed not to export software. As a condition of...more

6/24/2015  /  Amazon , Apple , EULA , Exports , Licenses , SDN List , Software

A Modern Approach to Tackling CFIUS Concerns

Foreign direct investment (FDI) into American businesses is a major component of the U.S. economy. American companies use FDI to fund domestic manufacturing plants, research and development facilities, and support the growth...more

Is Your Software a Defense Article?

The International Traffic in Arms Regulations, or ITAR, control the export of software classified as a “defense article.” The United States Munitions List [USML] contains items regulated by the ITAR, including a range...more

1/15/2015  /  Defense Sector , Exports , ITAR , Software , Source Code , USML
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