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 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
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
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
Statutorily-Mandated Report Also Includes Key Importer Guidance And Initial List Of Entities Tied To Forced Labor In The Xinjiang Uyghur Autonomous Region -
The Forced Labor Enforcement Task Force (“FLETF”) issued a...more
6/27/2022
/ China ,
Code of Conduct ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Forced Labor ,
Importers ,
New Guidance ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
Creates A New Forced Labor “Presumption” That Would Prohibit Certain Imports From Entry Into The United States, Among Other Measures, To Address Forced Labor In China -
On December 23, 2021, President Biden signed into law...more
1/14/2022
/ China ,
Clean Energy ,
Customs and Border Protection ,
Economic Sanctions ,
Forced Labor ,
Human Rights ,
Imports ,
Semiconductors ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
Unruh Civil Rights Act ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
On May 1, 2020, President Donald J. Trump signed Executive Order 13920 declaring a national emergency regarding threats posed to the U.S. bulk-power system by electrical equipment supplied by “foreign adversaries.” (BPS EO)...more
5/11/2020
/ Bulk Electric System ,
CFIUS ,
China ,
Department of Energy (DOE) ,
Electricity ,
Energy Sector ,
Executive Orders ,
Foreign Adversaries ,
Foreign Suppliers ,
Huawei ,
Infrastructure ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
NDAA ,
Proposed Rules ,
Russia ,
Telecommunications
The Office of the U.S. Trade Representative (“USTR”) is seeking comments on whether to extend product exclusions from section 301 tariffs imposed on certain imports from China. Effective July 6, 2018, USTR imposed additional...more
The Office of the U.S. Trade Representative (“USTR”) has announced an exclusion process for the additional duties imposed September 1, 2019 on a list of products (“List 4A”) pursuant to the U.S. Section 301 action against...more
Tariffs To Be Effective On September 1, 2019 For Some Products And December 15, 2019 For Others; Certain Products Will Not Be Subject To Additional Tariffs; Product Exclusion Process To Be Implemented.
...more
On June 20, 2019, the Office of the U.S. Trade Representative (“USTR”) posted on its website a notice announcing an exclusion process for the tariffs imposed in September 2018 (“List 3”) pursuant to the U.S. Section 301...more
6/24/2019
/ China ,
Exclusions ,
Imports ,
Notice Requirements ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
USTR on May 13, 2019 announced that it proposed to impose additional tariffs on products of China with an annual trade of approximately $300 billion pursuant to a Section 301 investigation commenced in August 2017 regarding...more
This Enforcement Action Underscores The Risks Of Sourcing Products Without Comprehensive Supply Chain Due Diligence -
On January 31, 2019, the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury...more
2/8/2019
/ China ,
Cosmetics ,
Due Diligence ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Exports ,
Goods or Services ,
Imports ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Supply Chain
Tariffs on $200 billion in Chinese imports were set to rise to 25% on January 1, 2019, but will remain at 10% for 90 days pending negotiations with China on “structural changes” to U.S.-China economic relationship -
On...more
In July and August, 2018 the United States Trade Representative (USTR) identified a list of 6,031 tariff lines affecting approximately $200 billion in imports from China for potential additional tariffs of 10 percent and...more
Second Group of Products To Be Subject To Additional Tariffs As A Result Of Section 301 Process; China Immediately Responds with 25 Percent Tariffs On $16 Billion of U.S. Goods -
On June 15, 2018, the United States Trade...more
President Trump Directed USTR To Consider Increasing The Proposed Additional Duty From 10 To 25 Percent “To Encourage China To Change Its Harmful Policies” -
On August 1, 2018, U.S. Trade Representative (USTR) Robert...more
Comments Sought By August 17, 2018 On List Of Over 6,000 Potentially Affected Tariff Lines -
The U.S. Trade Representative (USTR) has announced a new list of products imported from China that it proposes would be subject...more
King & Spalding Tariff Tracker Now Available -
Requests Are Due October 9, 2018, And Any Granted Product Exclusions Would Be Effective From July 6, 2018; Tracker Identifies Products Affected By Tariff Increases Announced...more
United States Trade Representative Releases Final List Of Chinese Products Subject To 25 Percent Tariff -
Today, based on a review conducted by the interagency Section 301 Committee, the Office of the United States Trade...more
6/18/2018
/ Acquisitions ,
China ,
Foreign Acquisitions ,
Imports ,
Intellectual Property Protection ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
As outlined in our prior client alert, on March 22, 2018, President Trump signed a memorandum instructing his administration to take action against the “unfair and harmful acquisition of U.S. technology” by China. Part of the...more
On March 22, 2018, President Trump signed a memorandum instructing his administration to take action against the “unfair and harmful acquisition of U.S. technology” by China.
The President previously instructed United...more
3/26/2018
/ Acquisitions ,
Antitrust Provisions ,
China ,
Cybersecurity ,
Foreign Acquisitions ,
Intellectual Property Protection ,
National Security ,
Section 301 ,
Tariffs ,
Technology Sector ,
Trump Administration ,
USTR ,
WTO
De-facto blocking evidences continuing scrutiny of Chinese investments in U.S. companies in the strategic technology and financial industries.
On January 2, 2018, MoneyGram International, Inc. (NYSE:MGI (“MoneyGram”) and...more
Order sends strong signal that Washington will continue to oppose deals with Chinese acquirers involving technologies with potential military applications.
On September 13, 2017, President Trump issued an Executive Order...more