The Silica Products WRO -
On June 24, the White House announced the first strike against forced labor in the solar equipment manufacturing industry. Customs and Border Protection (CBP) issued a Withhold Release Order (WRO)...more
On June 10, 2021, China enacted the Anti-Foreign Sanctions Law (“AFSL”), aimed at punishing countries that impose anti-China sanctions and the companies that comply with those sanctions. The law is effective immediately, and...more
This past month, the U.S. Senate debated a provision in the Innovation and Competition Act that would require the Committee on Foreign Investment in the United States (CFIUS) to review any proposed gifts and contracts of $1...more
6/15/2021
/ CFIUS ,
China ,
Export Controls ,
Foreign Investment ,
Higher Education Act ,
Information Technology ,
Information Technology Outsourcing ,
National Security ,
Research and Development ,
Technology ,
Universities
A June 3, 2021 Executive Order (see our post here) designated 59 Chinese companies in which U.S. companies are prohibited from buying or selling securities. According to the Biden administration, those companies “threaten the...more
6/11/2021
/ Biden Administration ,
China ,
Compliance ,
Executive Orders ,
Foreign Investment ,
Geopolitical Risks ,
Investment Funds ,
Manufacturers ,
Securities ,
Startups ,
Supply Chain
A new framework for foreign direct investments in the United Kingdom -
Takeaways -
• The United Kingdom Government has adopted a CFIUS-style National Security and Investment Act (“the Act”).
• The new law takes...more
On February 1, 2021, the Myanmar military overthrew the country’s democratically elected government and installed an army general as head of state, with a cadre of military officials and their allies running the government. ...more
Key Takeaways:
• Threatened 25% tariffs on French luxury goods are suspended.
• USTR is still looking at tariffs in retaliation for taxes on U.S. global tech companies.
• Biden’s new USTR will face immense pressure to...more
1/28/2021
/ Biden Administration ,
Customs ,
Duties ,
EU ,
Exports ,
France ,
Germany ,
Imports ,
IRS ,
Luxury Goods ,
Section 301 ,
Spain ,
Supply Chain ,
Tariffs ,
Tax Rates ,
Trump Administration ,
UK ,
USTR
Over the past few weeks, we have been speculating on the international trends and tides we expect to see in the next four years under a new U.S. presidential administration. So that you can enjoy our prognostications (before...more
12/17/2020
/ Asia ,
Biden Administration ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Economic Sanctions ,
Enforcement Actions ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
National Security ,
Recovery Plans ,
Russia ,
Trump Administration ,
UK
On November 11, 2020, the UK government proposed a much anticipated National Security and Investment Bill (the Bill or proposed Regulation) before Parliament.
The Bill is the result of a series of government papers and legal...more
On October 15, 2020, CFIUS will officially tie mandatory filings to U.S. export control regimes, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). While that...more
The UK government has now made a show of force in its foreign direct investment (FDI) reviews.
For the first time, the UK Secretary of State issued an order to prevent a transaction for raising public interest...more
On Saturday, two actions put a stop, at least temporarily, to the U.S. shutdown of the popular social media apps WeChat and TikTok.
WeChat -
On September 19, 2020, a California Federal Magistrate Judge issued a...more
9/23/2020
/ China ,
Executive Orders ,
First Amendment ,
International Emergency Economic Powers Act (IEEPA) ,
Mobile Apps ,
Online Platforms ,
Preliminary Injunctions ,
Social Media ,
TikTok ,
Trump Administration ,
U.S. Commerce Department ,
WeChat
On September 19, 2020, China took a new strategic position in its ongoing trade confrontation with the United States. The Ministry of Commerce of the PRC (“MOFCOM”) issued Regulations on Unreliable Entity List (“UEL”) and...more
Hiring employees does not usually call to mind international trade compliance obligations. However, together U.S. export controls and anti-discrimination laws create a web that is overlooked or misunderstood by many types of...more
9/3/2020
/ Anti-Discrimination Policies ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Nationals ,
Hiring & Firing ,
Human Resources Professionals ,
ITAR
On August 28, 2020, China took its own swing in the fight over TikTok. The blow, however, may land right in the middle of U.S.-China technology research, collaboration, and innovation. New export regulations may require...more
9/3/2020
/ 3D Printing ,
Artificial Intelligence ,
CFIUS ,
China ,
Drones ,
Export Administration Regulations (EAR) ,
Export Controls ,
MInistry of Commerce ,
MOFCOM ,
National Security ,
Personal Data ,
Software ,
Technology ,
Technology Sector ,
TikTok
On June 29, 2020, the Financial Crimes Enforcement Network (FinCEN) published updated guidance intended to “enhance the availability of financial services” for the hemp industry (the Guidance). Even though the Agriculture...more
7/20/2020
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
BSA/AML ,
Customer Due Diligence (CDD) ,
Due Diligence ,
Financial Institutions ,
FinCEN ,
Guidance Update ,
Hemp ,
Money Laundering ,
Suspicious Activity Reports (SARs)
Opening Salvos: The Proposed Tariffs-
On June 26, 2020, the U.S. Trade Representative (USTR) published a notice that it is considering new tariffs on exports such as olives, coffee, beer, gin, and trucks coming into the...more
What is the next move in the China-U.S. trade war? Where does the U.S. currently stand, what changes in exports have been implemented since the beginning of the trade war, and how might the war impact the growth of the...more
On May 21, 2020, a proposed rule change brought the threat of a mandatory CFIUS filing to investments across all U.S. industries. The U.S. Department of Treasury proposed a rule that removes a restriction formerly in the...more
6/1/2020
/ CFIUS ,
Exceptions ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
licences ,
NAICS ,
Pilot Programs ,
Private Equity ,
Proposed Regulation ,
Proposed Rules ,
Trump Administration ,
U.S. Treasury
Robotic exoskeletons may augment human strength, endurance, and mobility. The latest CFIUS action has all the makings of a Terminator movie.
This month, the Committee on Foreign Investment in the United States (“CFIUS”)...more
On Tuesday, May 19, the U.S. Commerce Department published a regulation (effective May 15, 2020) that prohibits sale to Huawei of a microchip made to a Huawei specification, made outside the United States with non-U.S....more
The pandemic that has put our world a bit sideways has, as you might expect, set back our publication date. We should have paper copies of the (much anticipated) CFIUS Book: Second Edition available by mid-May 2020. However,...more
Is your company in a high-risk zone? Does it have the following risk characteristics?
? Your company imports more than $10 million of goods.
? You are mid-market: between $50 million and $2 billion in annual turnover.
?...more
In light of the widely reported shortage of personal protective equipment (PPE), ventilators, other medical devices, the U.S. Food and Drug Administration (FDA) is working around the clock to authorize medical supplies for...more
This spring, two major sports teams were caught cheating. Both are consistent championship contenders in recent years.
In the United States, hardly any sports fan could have missed the report released by Major League...more
3/11/2020
/ Baseball ,
Corporate Culture ,
Corporate Fines ,
Corruption ,
Ethics ,
EU ,
Football ,
Gambling ,
Houston Astros ,
Investigations ,
Leadership ,
MLB ,
Scandals ,
Soccer ,
Sponsors ,
Sports ,
Sports Gambling