The President also signed an Executive Order that will eliminate duty-free de minimis treatment and create a new duty collection process for low-value postal shipments from China and Hong Kong.
On April 2, 2025, President...more
4/7/2025
/ Canada ,
China ,
Executive Orders ,
Foreign Trade Regulations ,
Hong Kong ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
Popular ,
Tariffs ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
Value-Added Tax (VAT)
On February 20, 2025, the State Department designated multiple Mexican drug cartels and Transnational Criminal Organizations (“TCOs”) as foreign terrorist organizations (“FTOs”). At the same time, these groups were designated...more
4/1/2025
/ Cartels ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
Mexico ,
Multinationals ,
Office of Foreign Assets Control (OFAC) ,
Risk Assessment ,
Risk Management ,
Terrorist Financing ,
Whistleblowers
The President has issued three executive orders that impose universal tariffs on Mexico, Canada, and China, deploying IEEPA in a sweeping manner to address the President’s declaration of a national emergency regarding illegal...more
2/4/2025
/ Canada ,
China ,
Customs and Border Protection ,
Economic Sanctions ,
Executive Orders ,
Foreign Policy ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
National Security ,
Tariffs ,
Trade Relations ,
Trade Retaliation
The Department of Commerce’s Bureau of Industry and Security released on January 13, 2025, an interim final rule to implement an export control framework for Artificial Intelligence Diffusion to protect U.S. national security...more
1/30/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Interim Final Rules (IFR) ,
Licensing Rules ,
National Security ,
Popular ,
Regulatory Requirements ,
Semiconductors ,
Supply Chain ,
Technology Sector
The President’s memorandum does not implement tariffs or other immediate relief, but previews the statutory authorities that will guide future trade action.
On January 20, 2025, President Trump issued a memorandum...more
1/24/2025
/ Anti-Dumping Duty ,
China ,
Competition ,
Countervailing Duties ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
National Security ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Deficit ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
On December 23, 2024, the Office of the United States Trade Representative (USTR) initiated an investigation under Section 301 of the Trade Act of 1974, as amended (Section 301), into Chinese “acts, policies, and practices...more
Republicans have swept the 2024 elections, returning Donald Trump to the White House as the 47th President and flipping the Senate to a Republican majority. Having narrowly maintained control of the House of Representatives,...more
12/11/2024
/ Acquisitions ,
Affordable Care Act ,
Affordable Housing ,
Antitrust Provisions ,
Canada ,
Capital Formation ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Clean Air Act ,
Colleges ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Data Privacy ,
Department of Energy (DOE) ,
Department of Justice (DOJ) ,
Deregulation ,
Digital Assets ,
Drinking Water ,
Drug Pricing ,
Electric Vehicles ,
Energy Sector ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Exports ,
Federal Trade Commission (FTC) ,
Final Rules ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Fraud ,
Greenhouse Gas Emissions ,
Healthcare ,
Imports ,
Infrastructure ,
Lead ,
Medicaid ,
Medicare Advantage ,
Mergers ,
Mexico ,
Money Laundering ,
NAFTA ,
National Institute of Health (NIH) ,
Nuclear Power ,
Offshore Drilling ,
Offshore Wind ,
Oil & Gas ,
PFAS ,
Popular ,
Social Media ,
Tariffs ,
Tax Cuts ,
Technology ,
Transparency ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
Universities ,
Waivers
The Proposed Rule imposes substantial new reporting, diligence, and compliance obligations for companies in the automotive supply chain -
On September 26, 2024, the U.S. Department of Commerce’s Bureau of Industry and...more
10/22/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advisory Opinions ,
Automation Systems ,
Automotive Industry ,
Biden Administration ,
Cannabis Products ,
China ,
Compliance ,
Driverless Cars ,
Due Diligence ,
Foreign Adversaries ,
General Authorization ,
Hardware ,
Importers ,
International Emergency Economic Powers Act (IEEPA) ,
Office of Foreign Assets Control (OFAC) ,
Proposed Rules ,
Recordkeeping Requirements ,
Reporting Requirements ,
Russia ,
Software ,
Supply Chain
Effective October 2, 2024, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), amended the Export Administration Regulations (EAR), 15 C.F.R. Parts 730 – 774, to expand the Validated End User (VEU)...more
10/16/2024
/ Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Data Centers ,
ECCNs ,
Export Administration Regulations (EAR) ,
Exports ,
Licenses ,
National Security ,
Recordkeeping Requirements ,
Reporting Requirements ,
Semiconductors
On 12 September 2024, the UK Government published The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 (“the Regulations”), which provide the regulatory framework for the Office of Trade Sanctions...more
9/26/2024
/ Criminal Liability ,
ECJU ,
Economic Sanctions ,
Enforcement ,
HMRC ,
New Regulations ,
Office of Financial Sanctions Implementation (OFSI) ,
Penalties ,
Prison ,
Russia ,
Security Breach ,
Trade Relations ,
UK
As discussed in our May 7, 2024 alert, on April 24, 2024, President Biden signed into law a foreign military support package (i.e., H.R. 815), which included a provision doubling the statute of limitations (“SOL”) from five...more
9/24/2024
/ Civil Monetary Penalty ,
Cuban Assets Control Regulations (CACR) ,
Department of Labor (DOL) ,
Economic Sanctions ,
Enforcement ,
Interim Final Rules (IFR) ,
International Emergency Economic Powers Act (IEEPA) ,
Investigations ,
Office of Foreign Assets Control (OFAC) ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Statute of Limitations ,
TWEA
To curtail U.S. persons from supporting the efforts of adversarial regimes, such as China and Russia, in advancing their military and intelligence capabilities, the U.S. is proposing a significant expansion of export control...more
8/13/2024
/ Cannabis Products ,
China ,
Commerce Control List ,
Directorate of Defense Trade Controls (DDTC) ,
End-Users ,
Export Administration Regulations (EAR) ,
Export Controls ,
Facial Recognition Technology ,
Foreign Policy ,
National Security ,
Proposed Rules ,
Russia ,
SDN List ,
Software ,
Technology Sector ,
U.S. Commerce Department
The Proposed Rule expands CFIUS’s authority to review certain transactions by foreign persons involving real estate close to over 50 additional military installations.
On July 8, 2024, the U.S. Department of the Treasury...more
Regulations ultimately will implement a new program restricting certain investments related to China-
On June 21, 2024, the U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (the “Rule”)...more
7/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
Enforcement ,
Foreign Entities ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
Investors ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Outbound Transactions ,
Proposed Rules ,
U.S. Treasury
Implications Related to the Doubling of the Statute of Limitations for Civil and Criminal Violations of Two Primary Sanctions Authorities -
SUMMARY -
On April 24, 2024, President Biden signed into law a foreign military...more
5/8/2024
/ Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Due Diligence ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
Office of Foreign Assets Control (OFAC) ,
Policies and Procedures ,
Sanction Violations ,
Self-Disclosure Requirements ,
Statute of Limitations ,
Trading with the Enemy Act ,
Voluntary Disclosure
The Biden Administration announced on February 29, 2024, that it is commencing an inquiry into whether the involvement of “foreign adversaries” in the information and communications technology and services (“ICTS”) supply...more
3/7/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Cybersecurity ,
Data Collection ,
Electric Vehicles ,
Inflation Reduction Act (IRA) ,
Investment ,
National Security ,
New Regulations ,
Popular ,
Tax Incentives ,
U.S. Commerce Department
Prohibitions targeted to prevent China’s exploitation of dual-use technology -
On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more
8/15/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
China ,
Compliance ,
Covered Transactions ,
Debt Financing ,
Executive Orders ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
Joe Biden ,
National Security ,
Penalties ,
Policies and Procedures ,
Screening Procedures ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
Companies need to be aware of filing requirements before taking foreign money -
On March 14, 2023, after a week of three bank failures that marked the largest such crisis since 2008, policymakers continued seeking private...more
3/15/2023
/ CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Enforcement ,
Executive Orders ,
FDIC ,
Filing Requirements ,
Foreign Entities ,
Foreign Investment ,
Investment ,
National Security ,
Popular
New program may prohibit some U.S. investments in China -
On March 3, 2023, the U.S. Departments of the Treasury (“Treasury”) and Commerce (“Commerce”) delivered to Congress separate confidential reports that confirm the...more
3/8/2023
/ Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
FIRRMA ,
Investment Adviser ,
Outbound Transactions ,
Popular ,
Semiconductors ,
U.S. Commerce Department ,
U.S. Treasury
Applications For Leading Edge Commercial Fabrication Facilities And For Current-Generation Facilities Accepted Beginning March 31, 2023 And June 26, 2023, Respectively -
On August 9, 2022, President Joseph R. Biden signed...more
On February 1, 2023, the U.S. International Trade Commission (the “ITC”) initiated an investigation into the impact of intellectual property (“IP”) rights on the production, supply, and availability of diagnostics and...more
On January 26, 2023, U.S. Customs and Border Protection (“CBP”) provided more detail on its imminent implementation of another tool to detect potential forced labor imports into the United States. CBP confirmed that it will...more
Publication indicates a more robust enforcement posture -
On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more
11/2/2022
/ Aggravating Factors ,
CFIUS ,
Enforcement ,
Failure-to-File ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Good Faith ,
Investment ,
Material Misstatements ,
Mitigating Factors ,
Negligence ,
Omissions ,
Penalties ,
Remediation ,
Self-Disclosure Requirements ,
Subpoenas ,
Transparency ,
U.S. Treasury
A bipartisan group of U.S. senators introduced legislation on June 23, 2022, to provide the federal government authority to limit or prevent the sale of Americans’ personal data to “high-risk” countries and malign foreign...more
10/6/2022
/ Cybersecurity ,
Data Protection ,
Data Security ,
DFSA ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Licensing Rules ,
National Security ,
NIST ,
Personal Data ,
Proposed Legislation
Ensuring a responsive CFIUS in an evolving national security landscape -
On September 15, 2022, President Biden signed an Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the...more
9/20/2022
/ Artificial Intelligence ,
Biotechnology ,
CFIUS ,
Clean Energy ,
Climate Change ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Investment ,
Infrastructure ,
National Security ,
Supply Chain