Key Points - Last Tuesday, USTR announced the results of its Section 301 “necessity review.” Today, USTR followed up with a Federal Register notice providing details on the further proposed modifications to the Section 301...more
On March 1, 2024, the Department of Commerce (Commerce), Bureau of Industry and Security (BIS), through its Office of Information and Communication Technology and Services (ICTS), released an advanced notice of proposed...more
3/4/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
China ,
Executive Orders ,
Foreign Adversaries ,
National Security ,
Satellites ,
Software ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
On December 1, 2023, the Department of the Treasury and the Internal Revenue Service (IRS) issued proposed regulations (REG-118492-23) with additional guidance on the excluded entities provision in the section 30D clean...more
12/7/2023
/ Clean Energy ,
Compliance ,
Department of Energy (DOE) ,
Electric Vehicles ,
Foreign Entities ,
IRS ,
Proposed Regulation ,
Regulatory Agenda ,
Tax Credits ,
Tax Planning ,
U.S. Treasury
The Autonomous Systems & Advanced Mobility (ASAM) space is headed for more change in 2023, generating new opportunities and challenges for a growing list of industry players. The adoption of new, complex and connected...more
5/9/2023
/ Aerospace ,
Artificial Intelligence ,
Automation Systems ,
Aviation Industry ,
Cybersecurity ,
Electric Vehicles ,
Emerging Technologies ,
Environmental Social & Governance (ESG) ,
FCC ,
Federal Aviation Administration (FAA) ,
Innovative Technology ,
Intellectual Property Protection ,
Transportation Industry
On November 1, USTR released a comment form prescribing the submission format for public comments in the “necessity review” process for the Section 301 China tariffs. USTR first announced the public comment phase of the...more
Key Points -
On January 1, 2022, Mexico eliminated its General Customs Administration (AGA, by its initials in Spanish), which had operated under the authority of Mexico’s central Tax Administration Service. In its place,...more
Key Points -
On June 21, 2022, CBP began enforcing the UFLPA’s revisions to section 307 of the Tariff Act of 1930—19 U.SC. § 1307—by applying a rebuttable presumption that the following goods are prohibited from...more
Key Points -
On March 11, 2022, USTR and DOC requested public comments on the trade pillar of the Indo-Pacific Economic Framework, with both requests including a focus on digital trade issues. Comments are due to both...more
Key Points -
On December 23, 2021, President Biden signed the UFLPA into law after it unanimously passed both chambers of Congress. The UFLPA aims to strengthen the forced labor statute by prohibiting the importation and...more
Key Points -
The Department of Commerce initiated a Section 232 national security investigation into NdFeB permanent magnets, which are used in fighter aircraft, missile guidance systems, electric vehicles, wind...more
Yesterday, in the unprecedented “In re Section 301 Cases” litigation, the U.S. Court of International Trade (CIT) entered a preliminary injunction that suspends the liquidation of plaintiffs’ unliquidated entries from China...more
Key Points -
CBP recently ruled that the Jones Act applies to the transportation of merchandise from a U.S. port to locations on the OCS used for developing and producing wind energy, following Congressional amendments to...more
- In Presidential Proclamation 10060, announced on August 6, 2020, President Trump reinstated a 10 percent ad valorem tariff on imports of non-alloyed unwrought aluminum from Canada under the Section 232 of the Trade...more
8/17/2020
/ Aluminum Sales ,
Canada ,
Customs and Border Protection ,
Imports ,
Presidential Proclamations ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
- On August 10, 2020, FEMA extended the duration of its restrictions on the export of certain shipments of PPE through December 31, 2020.
- The August 10 notice narrowed the types of PPE covered by the restrictions to...more
- The Facility-Specific Rapid Response Labor Mechanism (RRLM) in the United States-Mexico-Canada Agreement (USMCA) establishes an entirely new streamlined approach to labor dispute settlement in free trade agreements under...more
- On May 18, 2020, the government of Brazil submitted its application for accession to the WTO GPA, which will further open the Brazilian government procurement market to foreign producers and foreign service providers and...more
- On April 18, 2020, President Trump issued an Executive Order authorizing temporary deferral of certain duty payments, which CBP implemented via a Temporary Final Rule on April 20, 2020
- Importers of record who have...more
- Effective April 17, 2020, FEMA expanded exemptions to its April 7, 2020, Temporary Rule that implemented export restrictions on certain shipments of personal protective equipment.
- FEMA issued the Temporary Rule to...more
- Beginning April 7, 2020, CBP is authorized to temporarily detain all shipments of five categories of personal protective equipment used in the response to and treatment of COVID-19, pursuant to a Temporary Rule issued by...more
IN THIS ISSUE
• Anticorruption Developments
• Export Control Sanctions and Customs Enforcement
• Export Control and Sanctions Developments
• Global Investigations Resources
• Writing and Speaking...more
2/26/2020
/ Anti-Corruption ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Civil Monetary Penalty ,
Criminal Conspiracy ,
Criminal Convictions ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Due Process ,
Economic Sanctions ,
Enforcement Actions ,
Executive Orders ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Fifth Amendment ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Guilty Pleas ,
Imports ,
Indictments ,
ITAR ,
Money Laundering ,
Office of Foreign Assets Control (OFAC) ,
Red Notices ,
Sanction Violations ,
Sanctions ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Smuggling ,
Trump Administration ,
U.S. Treasury ,
Whistleblowers
Medical device and diagnostics companies and laboratories should anticipate significant legal, regulatory and market changes in 2020 that will have a lasting impact on the industry. From revisions to how the government...more
1/8/2020
/ Acquisitions ,
Artificial Intelligence ,
Biotechnology ,
Centers for Medicare & Medicaid Services (CMS) ,
CFIUS ,
Department of Health and Human Services (HHS) ,
Digital Health ,
EU ,
Export Controls ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Innovation ,
Life Sciences ,
Machine Learning ,
Medical Devices ,
Mergers ,
Office of Foreign Assets Control (OFAC) ,
Patent-Eligible Subject Matter ,
Pharmaceutical Industry ,
Popular ,
Section 101 ,
USPTO
At the World Trade Organization’s (WTO’s) 2019 Public Forum last week—where members of the public, academia and civil society discussed ideas on the theme of “Trading Forward: Adapting to a Changing World”—a group of 28...more
10/21/2019
/ Cross-Border Transactions ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Data-Sharing ,
E-Commerce ,
Information Security ,
Personal Data ,
Public Forum ,
Technology Sector ,
Trade Relations ,
WTO
ANTICORRUPTION DEVELOPMENTS -
Telecommunications Company Fined $12 Million for FCPA Violations -
On August 29, 2019, The Securities and Exchange Commission (SEC) instituted ceaseand-desist proceedings against...more
9/9/2019
/ Anti-Corruption ,
Appeals ,
Bribery ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Entity List ,
Executive Orders ,
Export Controls ,
Exports ,
False Statements ,
Fines ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Narcotics Kingpin Designation Act ,
General Licenses ,
Guilty Pleas ,
Huawei ,
Indictments ,
Internal Investigations ,
International Emergency Economic Powers Act (IEEPA) ,
ITSR ,
Manufacturers ,
Medical Devices ,
Money Laundering ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Plea Agreements ,
Settlement ,
SFO ,
Smuggling ,
Suspensions & Debarments ,
Tariffs ,
Tax Evasion ,
Technology Sector ,
Telecommunications ,
Trump Administration ,
World Bank
• Following a setback in U.S.-China trade negotiations, the USTR has increased the Section 301 List 3 additional duty rate on $200 billion of Chinese-origin products from 10% to 25% (the rate already in effect for $50 billion...more
5/14/2019
/ China ,
Customs and Border Protection ,
Exclusions ,
Exports ,
Imports ,
Notice and Comment ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
ANTICORRUPTION DEVELOPMENTS -
DOJ Unseals Indictment of Two More Individuals Connected With PDVSA Corruption Scheme -
On February 26, 2019, the U.S. Department of Justice (DOJ) announced the unsealing of an indictment...more
3/13/2019
/ Anti-Corruption ,
Arrest ,
CEOs ,
Civil Liability ,
Criminal Convictions ,
Criminal Prosecution ,
Customs ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Energy Sector ,
Enforcement Actions ,
Excise Tax ,
Export Controls ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
General Licenses ,
Guilty Pleas ,
Indictments ,
Money Laundering ,
Office of Foreign Assets Control (OFAC) ,
Prison ,
Real Estate Brokers ,
Restitution ,
Sanction Violations ,
Sanctions ,
SDN List ,
Sealed Records ,
Securities Traders ,
Settlement Agreements ,
SFO ,
Suspensions & Debarments ,
World Bank