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USTR Opens Section 301 Exclusion Process for Manufacturing Machinery

The Office of the U.S. Trade Representative (USTR) has opened a process whereby parties can request exclusions from Section 301 tariffs for imports of certain Chinese-origin machinery used in manufacturing. The launch of this...more

US AI Industry Reporting for Duty: BIS Rule Would Require Quarterly Filings for ‘Dual-Use’ AI Models and Computing Clusters

On September 11, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published a proposed rule that would require U.S. persons to report certain activities related to the development or acquisition of...more

Declassified: DoD Extends Its Vetting of Foreign-Owned and -Controlled Contractors To Cover Some Unclassified Contracts

Over its 30-year history, the Department of Defense (DoD) National Industrial Security Program Operating Manual (NISPOM), which establishes policies and procedures for mitigating foreign ownership, control or influence (FOCI)...more

CFIUS Proposes Expanded Real Estate Jurisdiction

On July 8, 2024, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) which, if implemented, would expand the U.S. geographical areas in which the Committee on Foreign Investment in the...more

One Step Closer to a Limited ‘Reverse CFIUS’ Program

On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more

Security Assistance Law Expanded the Reach of US Sanctions and Doubled the Statute of Limitations

On April 24, 2024, President Joe Biden signed the 21st Century Peace Through Strength Act (Act) into law. The Act, which is part of a broader law providing supplemental aid to Israel, Taiwan and Ukraine, contains several...more

US Announces New Tariffs on Chinese-Origin Goods, With an Exclusion Process

On May 14, 2024, President Joe Biden announced that he had directed the Office of the U.S. Trade Representative (USTR) to add or increase tariffs on a range of goods originating from China, including electric vehicles (EVs),...more

REPO for Ukrainians Act Provides for the ‘Repurposing’ of Seized Russian Sovereign Assets

On April 24, 2024, President Joe Biden signed into law a high-profile package of national security legislation (Public Law 118-50). While most press reports focused on the spending elements of the package (appropriating funds...more

BIS Reduces Licensing Requirements on Exports to Australia and the UK

In an interim final rule published on April 19, 2024 (New Rule), the Department of Commerce, Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reduce licensing requirements on...more

CFIUS’ Proposed Rule: More Questions, Tighter Time Frames and Higher Penalties

On April 15, 2024, the secretary of the Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS or Committee), published a notice of proposed rulemaking (Proposed Rule) to...more

New BIS Rule Imposes Stringent Export Control Restrictions Targeting Large Number of OFAC-Sanctioned Parties

On March 21, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule amending the Export Administration Regulations (EAR) by imposing “end user” export control restrictions against...more

Commerce Department Seeks Comment on Restrictions on ‘Connected Vehicle’ Components From ‘Foreign Adversaries’

The U.S. Department of Commerce is soliciting comment on possible restrictions on “connected vehicle” components obtained from “foreign adversaries.” On March 1, 2024, the department’s Bureau of Industry and Security (BIS)...more

BIS Publishes Revisions to Export Administration Regulations, Loosening Restrictions on Certain Cameras and Imposing Controls on...

On February 23, 2024, the Department of Commerce Bureau of Industry and Security (BIS) published revisions to the Export Administration Regulations (EAR), loosening restrictions on the export of certain cameras, optical...more

Know Your Cloud Customer: Commerce Department Proposes To Regulate Foreign Access to US IaaS Products

On January 29, 2024, the Department of Commerce, Bureau of Industry and Security (BIS) released a proposed rule (Proposed Rule) that would require U.S. cloud services providers (a.k.a. Infrastructure as a Service, or IaaS,...more

Seven Myths About the US Law Banning Imports Made With Forced Labor | Insights

Key Points - - In light of the vigorous enforcement of the Uyghur Forced Labor Prevention Act, boards in their oversight role should ensure that their companies conduct heightened diligence on their supply chains, including...more

US-Mexico Agreement Signals Mexican Foreign Investment Screening Body To Come

On December 7, 2023, U.S. Secretary of the Treasury Janet L. Yellen and Mexico’s Secretary of Finance and Public Credit Rogelio Ramírez de la O signed a Memorandum of Intent (MOI) to establish a bilateral working group to...more

2024 Insights: Other Regulatory Developments

AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more

‘Small Yard and High Fence’: US National Security Restrictions Will Further Impact US-China Trade and Investment Activity in 2024

The economic relationship between China and the U.S. remains one of the most significant in the world, and U.S. and Chinese government leaders have repeatedly signaled their intent to maintain stable trade and commercial...more

Casting a Wider Net: Further Expansion of UFLPA Enforcement

The Uyghur Forced Labor Prevention Act (UFLPA) enforcement landscape continues to evolve, as evident in several recent developments: On October 24, 2023, the Congressional-Executive Commission on China (the Commission)...more

BIS Updates October 2022 Semiconductor Export Control Rules

On October 17, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released two interim final rules to reinforce and expand controls on (a) advanced semiconductors and related computing items (the...more

FinCEN Proposes To Designate Convertible Virtual Currency Mixing as a Primary Money Laundering Concern

The Proposed Rule Aims To Increase Transparency in CVC Mixing - On October 19, 2023, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) released a notice of proposed rulemaking (Proposal)...more

US Eases Sanctions on Venezuela in Connection With Electoral Roadmap

On October 18, 2023, following the signing of an electoral roadmap between Venezuela’s Unitary Platform and representatives of the Maduro regime, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)...more

Court Victory for Treasury and Indictment of Tornado Cash Founders Highlights AML and Sanctions Risks for DeFi Crypto Platforms

In a long-awaited decision involving the cryptocurrency “mixer” Tornado Cash, a U.S. district court on August 17, 2023, upheld the broad authority of the Department of the Treasury’s (Treasury’s) Office of Foreign Assets...more

OFAC Enforcement Action Emphasizes the Importance of Whistleblower Programs

On August 16, 2023, OFAC announced a $660,594 settlement with Construction Specialties Inc. (CS) for alleged violations of the Iranian Transactions and Sanctions Regulations (ITSR). OFAC found that CS’s wholly controlled...more

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