On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more
11/20/2020
/ China ,
Corporate Counsel ,
Defense Sector ,
Department of Defense (DOD) ,
Divestment ,
Entity List ,
Executive Orders ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Trump Administration ,
US Trade Policies
On September 14, U.S. Customs and Border Protection (“CBP”) expanded a ban on certain imports from the Xinjiang Uyghur Autonomous Region (“Xinjiang”) in the People’s Republic of China (“PRC”) while saying that it was still...more
After months of anticipation, President Donald Trump signed an interim “Phase One” trade agreement (“the Agreement”) with Chinese Vice Premier Liu He at the White House on January 15, 2020. Under the Agreement reached after...more
1/23/2020
/ Agricultural Sector ,
China ,
Currency Manipulation ,
Dispute Resolution ,
Energy Sector ,
Exchange Rates ,
Financial Services Industry ,
Intellectual Property Protection ,
Manufacturers ,
Section 301 ,
Tariffs ,
Trade Agreements ,
Trade Negotiations ,
Trump Administration ,
USTR ,
WTO
December 2019 has yielded some potentially significant relief to U.S. businesses and agricultural producers that may improve the terms of trade in 2020 after a prolonged period of increasing and damaging friction in...more
12/27/2019
/ Agricultural Sector ,
Canada ,
CFIUS ,
China ,
Export Controls ,
FCC ,
Imports ,
Intellectual Property Protection ,
Mexico ,
NAFTA ,
Tariffs ,
Trade Relations ,
Trade Wars ,
Trans-Pacific Partnership ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
On August 13, 2019, the United States Trade Representative (USTR) announced a phased imposition of a new Section 301 10% tariff on roughly $300 billion in annual imports from China that were not covered in three previous...more
The Administration has been fully occupied this summer in its ongoing disputes with America’s major trading partners. The U.S. Government is at least nominally resuming high level trade negotiations with China after months...more
7/26/2019
/ Bureau of Industry and Security (BIS) ,
Canada ,
China ,
EU ,
Export Administration Regulations (EAR) ,
Export Bans ,
Export Controls ,
France ,
Imports ,
Indictments ,
Mexico ,
NAFTA ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
UK Brexit ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR ,
WTO
In an Executive Order (EO) issued on Wednesday, President Trump gave exceedingly broad authority to the U.S. Department of Commerce to block transactions of information and communications products and services if the...more
5/17/2019
/ 5G Network ,
Bureau of Industry and Security (BIS) ,
China ,
Digital Communications ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Information Technology ,
National Security ,
Retaliatory Tariffs ,
Tariffs ,
Telecommunications ,
Trump Administration ,
U.S. Commerce Department
On May 13, 2019, the Office of the United States Trade Representative (“USTR”) publicly released a notice of the Trump Administration’s intention to subject another US$300 billion in annual U.S. imports of Chinese-origin...more
5/16/2019
/ China ,
Exclusions ,
Exports ,
Imports ,
Notice and Comment ,
Retaliatory Tariffs ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
On Friday, May 10, 2019, the Trump Administration increased the tariff rate on US$200 billion worth of annual U.S. imports of Chinese-origin products from the current rate of 10% to 25%. That sharp hike in U.S. tariffs...more
According to the White House, U.S. President Donald Trump and Chinese President Xi Jinping agreed over the weekend that neither the United States nor China would increase tariffs over the next 90 days, pending further...more
Since July 2018, the Trump Administration has imposed two sets of tariffs on goods made in China under Section 301 of the Trade Act of 1974 (“Section 301”) (19 U.S.C. § 2411) that cover an estimated $50 billion in imports...more
After months of deliberation, Congress has passed the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) as Title XVII in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“2019...more
8/15/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
NDAA ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury
Citing both “serious risk to United States nationals of arrest and long-term detention” and the “imminent danger to the physical safety of United States nationals,” on August 2, the U.S. State Department issued a Geographical...more
A recent case illustrates both the ongoing corruption risks for U.S. companies doing business in developing countries such as China and the Government’s tougher stance on settling white collar crime cases. In this case, the...more
2/24/2016
/ China ,
Cooperation ,
Corporate Counsel ,
Corruption ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Meals-Gifts-and Entertainment Rules ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes ,
Yates Memorandum