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 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
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
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 December 2, 2019, the U.S. Trade Representative (USTR) announced that in response to a digital services tax law passed in France, it would be retaliating with stringent tariffs on luxury products coming from France. The...more
2/7/2020
/ Digital Services Tax ,
EU ,
Federal Register ,
Foreign Relations ,
France ,
Imports ,
Luxury Goods ,
OECD ,
Retail Market ,
Stream of Commerce ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
TTIP ,
Unduly Burdensome ,
US Trade Policies ,
USTR ,
Wine & Alcohol
Picture your company being hauled into U.S. court to defend litigation for your Cuba business that is lawful in your home country. That is the scenario that the Trump administration and Cuba hawks in Congress are aiming to...more
On May 8, 2018, the United States withdrew from the Joint Comprehensive Plan of Action and reimposed all pre-JCPOA sanctions against Iran... After a prescribed wind-down period, all U.S. sanctions on Iran are now in force....more
11/6/2018
/ Economic Sanctions ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trump Administration ,
Waivers
This week, you have likely heard about FIRRMA, the Foreign Investment Risk Review Modernization Act, the law that will expand CFIUS. We have written about a number of aspects of the new law as it was being made, including the...more
8/20/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Information Sharing ,
National Security ,
New Legislation ,
Personal Data ,
Reporting Requirements ,
Trump Administration
All this past week, you have been hearing about FIRRMA, the new legislation that will increase the powers of the Committee on Foreign Investment in the United States that is expected to be signed into law in the coming weeks....more
Imagine telling your company’s Board of Directors that the company will have to knowingly violate the law. Further, you might note, the American Law Institute’s Principles of Corporate Governance state that, with very limited...more
The U.S. House of Representatives passed a bill on Tuesday, July 10, expanding and increasing the powers of the Committee on Foreign Investment in the United States (CFIUS). The bill is called the Foreign Investment Risk...more
7/16/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Exemptions ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Investment ,
National Security ,
NATO ,
Pending Legislation ,
Technology Sector ,
Trump Administration
This week, there were reports that the Trump Administration would use emergency powers to restrict Chinese investment in the United States. On Wednesday, the White House backed away from that position after the House of...more
I spent last week in Seoul talking to clients about the latest changes to U.S. trade and sanctions policy (as South Korea is one of Iran’s largest trading partners, it is understandable that some concerns have arisen there in...more
6/8/2018
/ Business Opportunities ,
China ,
Cross-Border Transactions ,
Economic Sanctions ,
Foreign Investment ,
Foreign Relations ,
Infrastructure ,
North Korea ,
SDN List ,
South Korea ,
Trade Policy ,
Trump Administration
1. All sanctions on Iran that were in place before January 2016 will be re-imposed no later than November, 4 2018.
2. Secondary sanctions that penalize non-U.S. persons doing business with Iran will be reinstated.
3....more
5/14/2018
/ Economic Sanctions ,
Exports ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
General Licenses ,
Goods or Services ,
Imports ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trump Administration
Chinese investment in the United States plummeted in 2017 and is likely to continue to fall. According to the Wall Street Journal, Chinese foreign direct investment in the United States declined 36% last year, from $46.2...more
On Monday, August 14, President Trump signed an executive memorandum directing U.S. Trade Representative Robert Lighthizer to consider a “Section 301” investigation against China....more
On July 17, 2017, the U.S. State Department certified that Iran continues to meet the conditions of the Iran nuclear agreement known as the Joint Comprehensive Plan of Action, or JCPOA. As a result, for the next 90 days, the...more
On July 27, 2017, the U.S. Congress sent to President Trump’s desk a bill that imposes new financial sanctions against Russia, Iran, and North Korea. It appears nearly certain that the president will sign that bill, now...more
8/2/2017
/ Energy Sector ,
EU ,
Foreign Relations ,
Mineral Exploration ,
Oil & Gas ,
Pending Legislation ,
Pipelines ,
Resource Extraction ,
Russia ,
Sanctions ,
Trump Administration
On June 19, Commerce Secretary Ross mentioned at a Wall Street Journal CFO dinner that the Administration is now considering launching an investigation of semiconductor imports under Section 232 of the Trade Expansion Act of...more
CFIUS has the power to unwind your M&A deal. That power will likely expand. That is the headline.
The Committee on Foreign Investment in the United States (CFIUS) reviews acquisitions by foreign parties of “critical...more
Boy, does it sound convincing when Mr. Trump states he will submit notice under section 2205 of NAFTA to let Mexico and Canada know that the U.S. will withdraw from NAFTA. The problem is, while the president-to-be is capable,...more
1/13/2017
/ Bilateral Agreements ,
Canada ,
Congressional Authority ,
Mexico ,
NAFTA ,
Notice Requirements ,
Trade Act of 1974 ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
- A President Trump will have authority to reinstate sanctions lifted by the Iran Nuclear Deal as well as revoke certain authorizations provided for business with Iran.
- Several economic and geopolitical factors may...more
12/8/2016
/ Business Opportunities ,
Corporate Counsel ,
Executive Orders ,
Global Market ,
International Relations ,
International Treaties ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
Presidential Elections ,
SDN List ,
Trump Administration