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U.S. Departments of Energy and the Treasury issue final EV credit rules under the IRA

Newly issued final EV tax credit rules largely stick to proposed rules with some flexibility on graphite through end of ’26, clarifications on FEOC definitions that could be significant. On May 3, 2024 the Department of the...more

Biden Administration investigates national security risks of Chinese connected vehicles in the U.S.

On Feb. 29, 2024, the White House announced that the Commerce Department’s Bureau of Industry and Security would issue an advance notice of proposed rulemaking as part of the Biden Administration’s investigation of national...more

The China Select Committee proposes comprehensive 2024 U.S. economic strategy for countering PRC

On December 12, the Select Committee on the Chinese Communist Party of the U.S. House of Representatives issued a comprehensive economic strategy containing over 160 policy recommendations intended to “to fundamentally reset...more

Biden administration issues long-awaited EV tax credit FEOC guidance

On Friday, December 1, 2023, the U.S. Department of Energy (DOE) and U.S. Department of Treasury concurrently released long-anticipated proposals regarding the “Foreign Entity of Concern” (FEOC) exclusion—a key provision...more

Dual leaders’ summits in San Francisco: Here’s what to expect this week

As nearly two dozen world leaders converge on San Francisco for two complementary summits—the Asia Pacific Economic Cooperation (APEC) and the Indo-Pacific Economic Framework (IPEF)—all eyes are on U.S. President Joe Biden...more

Aerospace & Defense Insights I Biden Administration executive order on outbound investment screening

Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in...more

Biden Administration issues long-awaited executive order on outbound investment screening

The Biden Administration has issued its long-awaited outbound investment screening executive order, which imposes on U.S. persons notification requirements for certain transactions and outright prohibits U.S. persons from...more

美国政府对“受关注外国实体”作出定义,影响波及《降低通胀法》项下电动汽车电池

2023年3月21日(星期二),美国商务部发布一则关于《芯片与科学法》所含护栏条款的拟议规则通知。作为拟议规则的组成部分,美国商务部发布了“受关注外国实体”和由受关注国家“拥有、控制、管辖或指挥”的定义,这两个术语曾出现在过去两年颁发的四部独立制定法中,即:《2021财年国防授权法》、《基础设施投资和就业法》、《芯片与科学法》和《降低通胀法》。根据美国商务部所拟定义,任何实体——包括总部位于美国的实体或注册在美国的实体——如其25%及以上表决权益...more

Administration defines “Foreign Entity of Concern” with implications for EV batteries under the IRA

On Tuesday, March 21, 2023, the US Department of Commerce issued a notice of proposed rulemaking on the guardrail provisions included in the CHIPS and Science Act (CHIPS). As part of the proposed rule Commerce issued a...more

美国商务部和财政部分别就拟议的对外投资审查制度发布报告

美国财政部和商务部近期分别发布经国会授权的报告,其中进一步披露了此前外界报道中拜登政府当前拟议的对外投资审查制度细节。媒体报道称,白宫将在较短时间内——或许就在几周内——签发一项行政命令,以建立该项新制度。拜登政府近期向国会提交的报告表明,该制度将由美国财政部实施并管理,重点针对以目前不受美国其他现有贸易管制措施管制的“先进技术”为对象的投资。然而,报告并未明确该制度的确切范围和性质,包括哪些投资者及哪些外国技术领域将受到影响....more

U.S. Commerce, Treasury Departments issue reports on pending outbound investment screening regime

Congressionally-mandated reports recently issued by the U.S. Department of the Treasury and the U.S. Department of Commerce reinforce previously reported details of the outbound investment screening regime that the Biden...more

Legislation to grant U.S. government sweeping authority over ICT-related national security threats

On 7 March 2023, U.S. Senators Mark Warner and John Thune introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act, sweeping legislation aimed at...more

CHIPS Act Funding window now open for U.S. semiconductor industry

The CHIPS and Science Act of 2022 is offering US$52.7 billion in federal funding to semiconductor research, development, and manufacturing. Three funding opportunities are currently available as of February 28, 2023, and two...more

Significant new U.S., UK and EU measures mark anniversary of Russia’s invasion of Ukraine

On 24 February 2023, the U.S. intensified its sanctions on Russia and released new trade control measures targeting key sectors, evasion efforts, and military supplies. Taken together, the additional sanctions, export...more

Hogan Lovells CES 2023 Recap

In January, sector focused lawyers from Hogan Lovells travelled to Las Vegas to attend CES. Our team enjoyed seeing clients in person as well as seeing the latest products and trends, and we have compiled our experience and...more

Dispute settlement - it’s what’s for dinner: A menu for dispute settlement in the Asia Pacific region

In May 2022 the Biden Administration launched negotiations with thirteen countries throughout the Asia Pacific region on, what it described as, a new type of trade and economic agreement called the Indo-Pacific Economic...more

USTR calls for comments on continuation of China Section 301 tariffs

USTR announced that the actions arising from the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation would continue in light of hundreds of...more

Despite continuance, the Biden administration still considering relief on China Section 301 Tariffs

Last month, on 8 September 2022, USTR announced that representatives of domestic industries benefiting from the tariff actions in the Section 301 investigation of “China’s Acts, Policies, and Practices Related to Technology...more

New rules for electric vehicles tax credits raise concerns under U.S. international obligations

The Inflation Reduction Act (IRA) was signed into law by President Biden on August 16, 2022. The IRA made major changes to United States rules for electric vehicle (EV) tax credits. The IRA and its implications for...more

United States and Canada request consultations under the USMCA over Mexico's energy policies favoring CFE and PEMEX

On 20 and 21 July 2022, the United States and Canada requested consultations with Mexico under the United States-Mexico-Canada Agreement (USMCA) regarding various energy measures that favor Mexico's state-owned electrical...more

Los Estados Unidos y Canadá solicitan consultas en el marco del T-MEC por las políticas energéticas de México que favorecen a CFE...

Los días 20 y 21 de julio de 2022, los Estados Unidos y Canadá solicitaron consultas con México en el marco del Tratado entre México, Estados Unidos y Canadá (T-MEC) en relación con varias medidas energéticas que favorecen a...more

Buy American final rule: March 7 amendment

On 7 March 2022, the Federal Acquisition Regulation (FAR) Council published a final rule amending the FAR to implement a January 2021 Executive Order (EO), EO 14005, aimed to strengthen domestic preferences in Government...more

The European Chips Act: Commission releases Europe's strategy on semiconductors

The European Commission intensified its focus on semiconductors by proposing the EU Chips Act on February 8, 2022. President of the European Commission Ursula von der Leyen calls it a "game changer". The proposed Act contains...more

House Democrats release America COMPETES Act to negotiate comprehensive China legislation with US Senate

On January 25, 2022, House Democrats unveiled the sprawling America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength Act of 2022, or America COMPETES Act (“the Act”). The Act, which...more

New law bans imports from Xinjiang unless importer proves goods were not made with forced labor

On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (“UFLPA”). Most notably, the UFLPA strengthens the enforcement of Section 307 of the Tariff Act of 1930 by imposing a rebuttable...more

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