• President Donald Trump saying at the recent G20 Summit in Japan that American companies could keep selling products to Huawei Technologies Co. Ltd. (Huawei) was another installment in the drama surrounding the Chinese tech...more
7/17/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Adversaries ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Sanction Violations ,
Technology Sector ,
Telecommunications ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
The U.S. Department of Commerce's Bureau of Economic Analysis (BEA) recently made several changes to the survey form for the mandatory BE-140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign...more
The U.S. Department of the Treasury is currently collecting data from all U.S. persons for its five-year mandatory benchmark survey of foreign ownership of U.S. securities as of June 30, 2019. U.S. issuers and U.S. asset...more
A partir del 2 de mayo de 2019 se levanta la suspensión del título III de la denominada Ley Helms-Burton (véase alerta de Holland & Knight: "Cuba Policy in Flux: Seven Unanswered Questions," 25 de abril del 2019), conforme al...more
The suspension of Title III of the Cuban Liberty and Democratic Solidarity Act (LIBERTAD), also known as the Helms-Burton Act, will be lifted as of May 2, 2019. (See Holland & Knight's alert, "Cuba Policy in Flux: Seven...more
• Effective May 2, 2019, the Trump Administration will not continue the waiver against lawsuits under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, also known as the Helms-Burton Act.
•...more
4/26/2019
/ Civil Liability ,
Cuba ,
Extraterritoriality Rules ,
Foreign Nationals ,
International Travel ,
Office of Foreign Assets Control (OFAC) ,
Personal Jurisdiction ,
Trafficking ,
Trump Administration ,
US State Departments ,
WTO
• National Security Advisor Ambassador John Bolton issued a statement threatening sanctions against non-U.S. banks for facilitating illegitimate transactions with certain Venezuelan individuals and entities.
• This...more
3/14/2019
/ Banking Sector ,
Blocked Entities ,
Cross-Border Transactions ,
Economic Sanctions ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
Foreign Relations ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Secondary Sanctions ,
Venezuela
• The Trump Administration is allowing U.S. nationals to pursue civil actions against certain Cuban entities under Title III of the Helms-Burton Act (Libertad Act) for trafficking in property confiscated by the Cuban...more
• The U.S. Trade Representative (USTR), pursuant to Section 131 of the Trade Act of 1974, has requested the U.S. International Trade Commission (Commission) to obtain public comment pertaining to the possibility of a...more
2/27/2019
/ Agricultural Sector ,
Bilateral Agreements ,
Comment Period ,
Duty Free ,
EU ,
Government Shutdown ,
Imports ,
International Trade Commission (ITC) ,
Public Comment ,
Public Hearing ,
Rulemaking Process ,
Time Extensions ,
Trade Act of 1974 ,
Trade Agreements ,
Trade Relations ,
UK ,
UK Brexit ,
USTR
• The U.S. Department of the Treasury's (Treasury) Office of Foreign Assets Control (OFAC) has designated five officials affiliated with the regime of Nicolas Maduro pursuant to Executive Order 13850 (E.O. 13850), including...more
• The White House has issued a new Executive Order designed to promote the use of American-made products in all infrastructure projects receiving federal funding, another step in the Trump Administration's Buy American...more
2/7/2019
/ Aluminum Sales ,
Berry Amendment ,
Buy American Act ,
Construction Industry ,
Construction Project ,
Executive Orders ,
Federal Contractors ,
Federal Funding ,
Infrastructure Financing ,
Manufacturers ,
Steel Industry ,
Supply Chain ,
Trade Agreements Act ,
Trump Administration
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
2/1/2019
/ Arbitration ,
CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Disclosure Requirements ,
Federal Pilot Programs ,
FEHA ,
Financial Industry Regulatory Authority (FINRA) ,
FIRRMA ,
Foreign Investment ,
Forum Selection ,
Intellectual Property Protection ,
International Labor Laws ,
Minimum Wage ,
State Labor Laws ,
USPTO ,
Wage and Hour ,
Woman Board Members
• Pursuant to Executive Order 13850 (E.O. 13850), the U.S. Department of the Treasury's (Treasury) Office of Foreign Assets Control (OFAC) designated Petroleos de Venezuela, S.A. (PdVSA), effectively blocking PdVSA's property...more
1/31/2019
/ Banking Sector ,
Blocked Person ,
Economic Sanctions ,
Executive Orders ,
Financial Institutions ,
Foreign Policy ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Petroleum ,
SDN List ,
Trump Administration ,
Venezuela
• If a U.S. company provided services to a foreign person, or purchased services from a foreign person, during fiscal year 2017, it must complete the BE-120 survey on Transactions in Selected Services and Intellectual...more
• President Donald Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) into law on Aug. 13, 2018. Among other things, the NDAA contains the Foreign Investment Risk Review...more
8/17/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Jurisdiction ,
Land Developers ,
National Security ,
NDAA ,
Personal Data ,
Real Estate Transactions ,
Trade Policy ,
Trump Administration
• The Information Security Oversight Office (ISOO) has issued a Final Rule to its 32 C.F.R. Part 2004 National Industrial Security Program (NISP) Directive, which is the overarching policy for federal agencies involved in...more
7/6/2018
/ CFIUS ,
Data Security ,
Defense Contracts ,
Defense Security Service (DSS) ,
Department of Homeland Security (DHS) ,
Eligibility ,
Federal Contractors ,
Final Rules ,
FOCI ,
Information Security ,
National Security ,
New Rules ,
NISPOM ,
ODNI ,
Security Clearance
• A September 2016 audit report by the U.S. Department of Justice (DOJ) Office of Inspector General recommended more transparency regarding compliance and enforcement of the Foreign Agents Registration Act (FARA).
• To...more
7/3/2018
/ Advisory Opinions ,
Agency Relationship ,
Audit Reports ,
CFIUS ,
Commercial Activity Exception ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
Exceptions ,
Foreign Agents ,
Foreign Governments ,
Lobbying Disclosure Act ,
National Security ,
OIG ,
Registration Requirement ,
Transparency
• The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) revoked certain Iran-related "general licenses" that allowed U.S. and U.S.-owned foreign entities to engage in certain transactions and...more
Amid the Trump Administration's plan to reduce China's access to U.S. intellectual property, the federal government is imposing tighter scrutiny over U.S. universities' research partnerships with Chinese entities. The move is...more
6/29/2018
/ China ,
Colleges ,
Department of Defense (DOD) ,
Huawei ,
Intellectual Property Protection ,
Joint Venture ,
National Security ,
Partnerships ,
Secretary of Defense ,
Secretary of Education ,
Technology Sector ,
Technology Transfer Agreements ,
Telecommunications ,
Trump Administration ,
Universities
President Donald Trump announced on June 15, 2018, that the United States would implement a 25 percent tariff on $50 billion worth of goods from China "that contain industrially significant technologies." The imposition of...more
6/19/2018
/ China ,
Imports ,
Intellectual Property Protection ,
Section 301 ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
Trump Administration ,
Unfair or Deceptive Trade Practices ,
US Trade Policies ,
USTR
• President Donald Trump has issued a new Executive Order expanding existing sanctions against the government of Venezuela and its instrumentalities, including the state-owned oil company, Petróleos de Venezuela (PdVSA).
...more
• The United States is withdrawing from the multilateral nuclear accord with Iran known as the Joint Comprehensive Plan of Action (JCPOA).
• The U.S. sanctions waived by President Barack Obama under the JCPOA will be...more
The Trump Administration rounded out the year with two sanctions-related actions: The first involved creating a new program regarding human rights abusers and global corruption; the second involved adding several individuals...more
1/3/2018
/ Bad Actors ,
Corruption ,
Economic Sanctions ,
Executive Orders ,
Foreign Nationals ,
Human Rights ,
Magnitsky Act ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trump Administration
• The U.S. Department of State issued public guidance on sanctions with respect to 39 named entities related to Russia's defense and intelligence sectors. This guidance is issued under Section 231 of the Countering America's...more
11/10/2017
/ Arctic Drilling ,
CAATSA ,
Defense Sector ,
Economic Sanctions ,
Energy Sector ,
Executive Orders ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Secretary of State ,
Secretary of the Treasury ,
Shale Gas ,
SSI List ,
Trump Administration ,
US Department of State
On July 20, 2017, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) announced a $2 million civil monetary penalty against Exxon Mobil Corp., including its U.S. subsidiaries ExxonMobil Development...more
8/3/2017
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Civil Monetary Penalty ,
Due Process ,
Economic Sanctions ,
Exxon Mobil ,
Fifth Amendment ,
Fines ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Reckless Disregard ,
Russia ,
Sanction Violations ,
SDN List ,
Ukraine