News & Analysis as of

U.S. Commerce Department Foreign Corporations

Foley & Lardner LLP

What Every Multinational Company Should Know About … Antiboycott Regulations Red Flags (Red Flags Series Part III)

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...As covered in previous articles in our biweekly series, the U.S. government maintains prohibitions on participating in the Arab League boycott of Israel. Especially for companies that frequently deal with the Middle East,...more

Holland & Knight LLP

Commerce Department: Final Determination of Russia-Backed Cybersecurity, Antivirus Software

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The U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS) within the Bureau of Industry and Security (BIS) issued a Final Determination on June 20, 2024, pursuant to Executive...more

Pillsbury Winthrop Shaw Pittman LLP

Non-U.S. Companies on Alert: U.S. Government Issues Tri-Seal Compliance Note on Global Enforcement

New Tri-Seal Compliance Note highlights sanctions and export control compliance expectations for non-U.S. persons. Three agencies overseeing U.S. trade law compliance provided an overview of where U.S. sanctions and export...more

Skadden, Arps, Slate, Meagher & Flom LLP

Mandatory BEA Filing for Many US Businesses With Foreign Shareholders

The Bureau of Economic Analysis (BEA) within the U.S. Department of Commerce collects and publishes data regarding the U.S. economy and the status of foreign investment. As part of this mission, it conducts regular, periodic...more

Morrison & Foerster LLP

FARA Unit Continues Narrow Interpretation Of The Commercial Exemption

Last week’s release of advisory opinions related to the Foreign Agents Registration Act (FARA) – the first such opinions from the new Chief of the Department of Justice’s FARA Unit (the “Unit”) – signal that the Unit will...more

Akin Gump Strauss Hauer & Feld LLP

The Export Control Reform Act and Possible New Controls on Emerging and Foundational Technologies

• ECRA became law on August 13, 2018. It is the permanent statutory authority for the EAR, which is administered by the U.S. Department of Commerce’s BIS. The new law codifies long-standing BIS policies and does not require...more

Akin Gump Strauss Hauer & Feld LLP

Bureau of Economic Analysis Mandatory 2018 BE-12 Survey Reporting Requirement Deadline Approaches

The Bureau of Economic Analysis of the U.S. Department of Commerce (BEA) requires U.S. businesses in which a foreign person or entity owns or controls, directly or indirectly, more than 10 percent of the voting securities (a...more

Dechert LLP

BEA’s BE-12 Benchmark Survey of Foreign Direct Investments in the United States: Implications for US Asset Managers

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Financial services providers that are subsidiaries of a non-U.S. parent (or that have received substantial direct investment from abroad) should evaluate whether they are required to file the Benchmark Survey of Foreign...more

Skadden, Arps, Slate, Meagher & Flom LLP

House Committee Holds Hearing on Export Control Reform Bill

On March 14, 2018, the House Committee on Foreign Affairs held a hearing titled “Modernizing Export Controls: Protecting Cutting Edge Technology and U.S. National Security” to examine the proposed Export Control Reform Act...more

Burr & Forman

Foreign Investment Reporting to the United States: In-Bound Investment into the United States Specific Survey Report Forms New...

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The U.S. Department of Commerce, Bureau of Economic Analysis (BEA), conducts seven (7) mandatory surveys to collect information on direct investment. These seven surveys consist of an initial survey for any new in-bound...more

Goulston & Storrs PC

BE-10 Filings For Foreign Subsidiaries: the Countdown is On

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The countdown is on: every five years, the U.S. Department of Commerce’s (DoC) Bureau of Economic Analysis (BEA) conducts a survey of U.S. corporate entities with foreign affiliates. The DoC conducts these surveys to produce...more

Holland & Knight LLP

Commerce Reissues BE-13 Reporting Requirements for Foreign Businesses

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Although the BE-13 requirements for foreign companies investing in the United States should be old news by now, there are an increasing number of questions on this issue. The new regulations were put in place in 2014, and...more

Maynard Nexsen

Antidumping and Countervailing Duty Actions

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Antidumping (AD) and countervailing duty (CVD) actions in the United States against foreign companies have increased markedly in recent years. The US Government has prioritized the protection of domestic industries impacted...more

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