Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly...more
INTRODUCTION - The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) recently adopted measures substantially impacting Huawei-affiliated companies and their non-U.S. supply chains. Earlier this year, on...more
On 14 May 2020, the U.S. Department of the Treasury, the U.S. Department of State, and the U.S. Coast Guard jointly issued a “Sanctions Advisory to the Maritime Industry, Energy and Metals Sector, and Related Communities”...more
President Trump on 1 May 2020 signed an Executive Order (“Order”) declaring a national emergency over threats to the U.S. bulk-power grid from foreign adversaries that may seek to commit malicious acts against the United...more
The U.S. Federal Emergency Management Agency (FEMA) has issued a temporary rule, pursuant to Section 101 of the federal Defense Production Act (DPA), under which FEMA will review and limit export shipments of five types of...more
Earlier this month, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) took two noteworthy actions that underscore the Committee’s powerful role in reviewing foreign direct investment and...more
On January 13, 2020, the U.S. Department of the Treasury (“Treasury”) published two final rules (“Final Rules,” found here and here) that implement most of the remaining provisions of the Foreign Investment Risk Review...more
On November 27, 2019, the Department of Commerce (“Commerce”) issued a proposed rule implementing Executive Order (“EO”) 13873, “Securing the Information and Communications Technology and Services Supply Chain,” issued on May...more
On September 24, 2019, the U.S. Department of the Treasury (“Treasury”) published two proposed rules (together, the “Proposed Rules”) to implement the remaining provisions of the Foreign Investment Risk Review Modernization...more
On August 6, the D.C. Circuit Court of Appeals unsealed its partly redacted decision upholding a civil contempt order against three foreign banks that refused to comply with a subpoena from U.S. authorities to produce bank...more
President Trump signed a new Executive Order on August 5, 2019, Executive Order 13884 (“EO 13884”), which blocks (i.e., freezes) all property of the Venezuelan government and its political subdivisions, agencies, and...more
On Tuesday, August 13, 2019, the Federal Acquisition Regulatory Council issued an interim rule amending the Federal Acquisition Regulations (“FAR”) to prohibit agencies from procuring “covered telecommunications equipment and...more
As the United States is poised to increase the additional tariffs imposed on goods of Chinese origin, companies in China have been busy trying to diversify their manufacturing operations or realign their supply chains for...more
OVERVIEW -
- Oversight of Foreign Investment & Tech Transfer
- CFIUS Reforms – FIRRMA
- Investment Strategies
FOREIGN INVESTMENT & TECH OVERSIGHT -
- The Committee on Foreign Investment in the United States...more
6/27/2019
/ CFIUS ,
Economic Sanctions ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Investment ,
Imports ,
Joint Comprehensive Plan of Action (JCPOA) ,
National Security ,
Section 232 ,
Section 301 ,
Tariffs ,
Trade Relations ,
US Trade Policies
Two major actions by the Committee on Foreign Investment in the United States (“CFIUS”) have recently come to light that underscore the significant risks of investments in U.S. businesses that have large volumes of sensitive...more
Overview -
In a major expansion of U.S. sanctions against Venezuela, the Department of the Treasury, Office of Foreign Assets Control (“OFAC”), named Petróleos de Venezuela, S.A. (“PdVSA”)—Venezuela’s state-owned oil and...more
On December 19, 2018, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) notified Congress of its intent to remove UC Rusal plc (“Rusal”), the major Russian aluminum producer, and two other...more
Customs duties—the fees levied by governments on imported goods—have always been a feature of international business and trade. Until recently, duties were a fairly routine subject....more
On May 8, 2018, President Trump formally announced that the United States would cease participation in the Iran nuclear deal, also called the Joint Comprehensive Plan of Action (“JCPOA”). In accordance with a Presidential...more
5/21/2018
/ Economic Sanctions ,
Exports ,
Foreign Policy ,
Imports ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trump Administration
As reported in our prior alert, the Countering America’s Adversaries Through Sanctions Act (“CAATSA”), which was signed into law on August 2, 2017, materially expanded U.S. sanctions against Russia. Notably, the law requires...more
On October 13, 2017, President Trump announced that he was “decertifying” Iran’s compliance with the Joint Comprehensive Plan of Action (“JCPOA”), the multi-nation agreement on Iran’s nuclear program that was implemented in...more
Effective October 12, the Trump administration revoked the U.S. embargo on Sudan in accordance with Executive Order 13761 (Jan. 13, 2017) and Executive Order 13804 (July 11, 2017). As a result of this action, Sudan and the...more
On August 2, 2017, President Trump signed into law the Countering American’s Adversaries Through Sanctions Act (the “Act”). Passed by overwhelming bipartisan majorities in both Houses of Congress, the Act combines several...more
On April 18, 2017, President Trump ordered federal agencies to prioritize procurement of domestically produced goods, assess agency compliance with “Buy American” laws, and minimize the use of waivers. As we noted in our...more
President Trump’s “Buy American” agenda continues to pick up steam. Following up on earlier executive action prioritizing use of American-made steel in new pipeline construction, President Trump has ordered federal agencies...more