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
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
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
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
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
7/1/2024
/ Artificial Intelligence ,
CFIUS ,
Foreign Investment ,
International Trade ,
Investment ,
Investors ,
National Security ,
Private Equity ,
Prohibited Transactions ,
Proposed Rules ,
Regulatory Requirements ,
Technology ,
U.S. Treasury
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
6/3/2024
/ Anti-Money Laundering ,
Biden Administration ,
CFIUS ,
Economic Sanctions ,
EU ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Statute of Limitations ,
TWEA ,
UK
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
5/15/2024
/ Batteries ,
Biden Administration ,
Charging Stations ,
China ,
Electric Vehicles ,
International Trade ,
National Security ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies ,
USTR
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
5/3/2024
/ Asset Freeze ,
Asset Seizure ,
Economic Sanctions ,
Export Controls ,
International Trade ,
Investors ,
Joe Biden ,
Legislative Agendas ,
National Security ,
New Legislation ,
Russia ,
Ukraine
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
4/25/2024
/ Australia ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Investment ,
International Trade ,
Licensing Rules ,
National Security ,
New Rules ,
Technology ,
Trade Policy ,
UK
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
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
3/26/2024
/ Blocked Person ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
International Trade ,
National Security ,
New Rules ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agenda ,
Regulatory Reform ,
SDN List
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
3/5/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
Comment Period ,
Connected Cars ,
Cybersecurity ,
Manufacturers ,
National Security ,
Regulatory Agenda ,
Technology Sector ,
U.S. Commerce Department
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
The oversight obligations of boards continue to expand. Recent enforcement actions and new laws in areas such as cybersecurity, artificial intelligence and supply chains create new challenges for boards, as we explain in this...more
2/19/2024
/ Acquisitions ,
Activist ,
Artificial Intelligence ,
Board of Directors ,
Canada ,
China ,
Competition ,
Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
EU ,
Executive Orders ,
Federal Contractors ,
Financial Services Industry ,
Forced Labor ,
Germany ,
International Labor Laws ,
Life Sciences ,
Machine Learning ,
Manufacturers ,
Mergers ,
NGOs ,
Political Campaigns ,
Political Contributions ,
Political Conventions ,
Publicly-Traded Companies ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholder Activism ,
Shareholders ,
Technology Sector ,
UK ,
Uyghur Forced Labor Prevention Act (UFLPA)
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
2/15/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Enforcement ,
IaaS ,
Know Your Customers ,
Machine Learning ,
Popular ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements ,
U.S. Commerce Department
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
2/13/2024
/ Canada ,
China ,
Corporate Counsel ,
Customs and Border Protection ,
Environmental Social & Governance (ESG) ,
EU ,
Forced Labor ,
Germany ,
Imports ,
NGOs ,
Popular ,
Reporting Requirements ,
Supply Chain ,
UK ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
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
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
12/22/2023
/ Acquisitions ,
Artificial Intelligence ,
CFIUS ,
China ,
Cybersecurity ,
Data Privacy ,
Energy Sector ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Litigation ,
Investment ,
IRS ,
Mergers ,
National Security ,
New Hires ,
New Legislation ,
New Regulations ,
Outer Space ,
Private Equity ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Taxation ,
Technology Sector ,
Trade Relations ,
Trade Restrictions ,
UK
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
12/21/2023
/ Asia Pacific ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Export Controls ,
Investment ,
National Security ,
NDAA ,
Popular ,
Supply Chain ,
Technology Sector ,
Telecommunications
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
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
10/27/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Deadlines ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Inspections ,
Manufacturers ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
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
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
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
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
9/6/2023
/ Anti-Money Laundering ,
Bureau of Industry and Security (BIS) ,
Corporate Governance ,
Department of Justice (DOJ) ,
Employees ,
Enforcement Actions ,
Export Controls ,
Exports ,
Money Laundering ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
U.S. Commerce Department ,
Whistleblowers