In a closely followed and much anticipated action, President Biden signed the National Defense Authorization Act for Fiscal Year 2022 (NDAA) on December 27, 2021 – following its approval by the U.S. Senate and House of...more
As we approach year’s end, and the pace of legislative activity ramps up, it remains critical to keep a close eye on the sanctions-related bills currently making their way, at varying speeds, through the U.S. legislative...more
11/9/2021
/ China ,
Corruption ,
Forced Labor ,
Foreign Policy ,
Iran ,
Joint Comprehensive Plan of Action (JCPOA) ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Sanctions ,
SDN List ,
U.S. Treasury
In the latest turn of events in the seemingly never-ending political saga of the Nord Stream 2 pipeline, the U.S. House of Representatives (the “House”), via an amendment to the 2022 National Defense Authorization Act...more
10/7/2021
/ CAATSA ,
Foreign Entities ,
Germany ,
Joe Biden ,
National Interest Waiver ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Pipelines ,
Russia ,
Sanctions ,
Trump Administration ,
US State Departments
China’s new Anti-Foreign Sanctions Law (AFSL) (中华人民共和国反外国制裁法) achieves two goals. First, it creates a menu of countersanctions available to Chinese authorities—visa restrictions, asset and transaction blocks within...more
On June 3, 2021, President Biden issued a new executive order (E.O.), “Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China” (E.O. 14032). The E.O. prohibits U.S....more
On March 12, 2021, a U.S. district court granted a temporary injunction requested by the Hong Kong-listed, Chinese electronics giant, Xiaomi Corporation (“Xiaomi”). The injunction blocks the U.S. Department of Defense (“DoD”)...more
3/22/2021
/ Biden Administration ,
Department of Defense (DOD) ,
Executive Orders ,
Hong Kong ,
Injunctions ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Preliminary Injunctions ,
Prohibited Transactions ,
Regulatory Authority ,
Sanctions ,
SDN List ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more
3/2/2021
/ Affirmative Action ,
Arbitration ,
Arbitration Awards ,
CA Supreme Court ,
Demand Letter ,
Discovery ,
Electronic Filing ,
Expedited Actions Process ,
Exports ,
Foreign Corporations ,
FRCP 30(b)(6) ,
International Chamber of Commerce (ICC) ,
LCIA ,
Limitation of Liability Clause ,
Liquidated Damages ,
Markman Hearing ,
Mediation ,
MOFCOM ,
New York Convention ,
Patent Infringement ,
Patent Litigation ,
Remote Hearings ,
Sanctions ,
Settlement ,
Subsidiaries ,
Transparency ,
Videoconference ,
Virtual Meetings ,
Witnesses
As we previously wrote in our OFAC 2020 Year in Review, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) saw a drop in enforcement activity in 2020, likely due to the massive year it had in 2019 and...more
2/18/2021
/ Audits ,
Citizenship ,
Compliance ,
Corporate Counsel ,
Enforcement Actions ,
Foreign Subsidiaries ,
Information Technology ,
Licenses ,
Nexus ,
Office of Foreign Assets Control (OFAC) ,
Remediation ,
Sanctions
Over the past year, we have seen waves of actions by the Trump Administration targeting parties in China and Hong Kong. These actions ranged from economic sanctions against Chinese and Hong Kong officials and organizations,...more
One of the widest-ranging bills of the U.S. Congress’s legislative year, the National Defense Authorization Act for Fiscal Year 2021 (NDAA), is nearing the finish line as both the House and Senate overwhelmingly approved the...more
12/15/2020
/ CAATSA ,
China ,
Export Controls ,
Hong Kong ,
NATO ,
NDAA ,
Pentagon ,
Pipelines ,
Russia ,
Sanctions ,
Trump Administration ,
Turkey ,
US Department of State
On Wednesday, October 14, 2020, the U.S. Department of State (“State”) submitted a report to the U.S. Congress, as required under section 5(a) of the Hong Kong Autonomy Act (“HKAA”), identifying foreign persons materially...more
10/19/2020
/ China ,
Coronavirus/COVID-19 ,
Foreign Financial Institutions (FFI) ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
SDN List ,
Trump Administration ,
U.S. Treasury ,
US Department of State
China has recently introduced unreliable entity list ("Entity List") regulations to provide a framework for China's upcoming list of economic sanctions. As early as October 2018 and March 2020, China has implemented "blocking...more
10/12/2020
/ China ,
Criminal Investigations ,
Enforcement Actions ,
Entity List ,
Foreign Entities ,
Huawei ,
MInistry of Commerce ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
U.S. Commerce Department ,
U.S. Treasury ,
US Department of State
Newly issued Unreliable Entity List (“UEL”) regulations establish a framework for list-based economic sanctions to be administered by China. Viewed together with “blocking statutes” implemented in March 2020 and October 2018...more