Key Points - Last Tuesday, USTR announced the results of its Section 301 “necessity review.” Today, USTR followed up with a Federal Register notice providing details on the further proposed modifications to the Section 301...more
Key Points - On January 31, 2024, the Department of Defense (DoD) released an update to its list of “Chinese military companies” that are “operating directly or indirectly in the United States” in accordance with the...more
2/7/2024
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Defense (DOD) ,
Executive Branch ,
Military Contracts ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Proposed Legislation ,
Regulatory Requirements ,
SDN List ,
Trade Restrictions
Key Points -
On August 9, 2023, President Biden issued a long-anticipated Executive Order on outbound investment aimed at addressing concerns related to China’s advancement in sensitive technologies critical for military,...more
The U.S. government continues to move closer to establishing a regulatory program related to outbound investment—and potentially a range of other transactions—in sensitive technology sectors involving China, Russia and other...more
On June 23, 2023, the U.S. Department of Commerce released revisions to the original CHIPS Act Notice of Funding Opportunity (NOFO) to detail the application requirements for upstream suppliers seeking financial assistance...more
The Departments of the Treasury and Commerce recently provided reports to Congress describing plans under consideration to regulate outbound investment, as required by the 2023 Consolidated Appropriations Act. Key highlights...more
On February 28, 2023, the U.S. Department of Commerce (“Commerce”) released details on the application process for projects to construct, expand or modernize commercial facilities for the production of leading-edge,...more
Key Points -
The anticipated zero draft of the WHO’s Pandemic Prevention, Preparedness and Response Accord was released on February 1. This process will intertwine heavily with the renegotiations of the 2005 IHRs....more
On February 1, the USITC formally announced the opening of its investigation into the merits of expanding the TRIPS Waiver to diagnostics and treatments. The investigation was initially requested by USTR, who had been leading...more
Key Points -
Reviewing inbound foreign investment for national security risk continues to be a high priority for governments worldwide. Key developments and trends include the following...more
Today, the House of Representatives voted to establish a Select Committee on the strategic competition between the United States and Chinese Communist Party (H. Res. 11). The resolution passed overwhelmingly (365-65). Rep....more
Key Points -
On December 6, days before a deadline for WTO members to decide whether to expand the TRIPS waiver for COVID-19 vaccines to cover COVID-19 diagnostics and therapeutics as well, the Office of the USTR...more
12/9/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Onshoring ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
TRIPS Agreement ,
Vaccinations ,
Waivers ,
WTO
On November 1, USTR released a comment form prescribing the submission format for public comments in the “necessity review” process for the Section 301 China tariffs. USTR first announced the public comment phase of the...more
Key Points -
NIST is soliciting input from the public to inform the design and implementation of the CHIPS incentive programs and research and development investments in Manufacturing USA institutes. Comments are due to...more
On September 6, 2022, the U.S. Department of Commerce (“Department”) released a 20-page document providing key details on the administration and application process for the award of $50 Billion through the Creating Helpful...more
In a bipartisan vote of 64-33, the Senate passed legislation earlier today to fund domestic semiconductor manufacturing and boost federal scientific research and development. The bill was supported by 17 Republicans and...more
Since March, pursuant to the new Holding Foreign Companies Accountable Act (HFCAA), the U.S. Securities and Exchange Commission (SEC) has “identified” more than 135 companies that relied on auditors headquartered in mainland...more
Key Points -
On March 11, 2022, USTR and DOC requested public comments on the trade pillar of the Indo-Pacific Economic Framework, with both requests including a focus on digital trade issues. Comments are due to both...more
One of the few remaining opportunities for passage of bipartisan legislation this Congress is legislation to improve America’s competitiveness vis-à-vis China for semiconductor manufacturing and scientific research and...more
On Friday, February 4, 2022, the House passed the America COMPETES Act on nearly a straight party line vote to, among many other priorities, fund domestic semiconductor chip manufacturing, dramatically increase scientific...more
For several years, policy-makers and commentators have expressed concern about the resilience of the United States’ pharmaceutical supply chain. Current U.S.-based manufacturing capabilities have been at the forefront of...more
10/8/2021
/ Biden Administration ,
Biomedical Advanced Research and Development Authority (BARDA) ,
China ,
Competition ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Manufacturers ,
NDAA ,
Pharmaceutical Industry ,
Supply Chain
Key Points -
The Department of Commerce initiated a Section 232 national security investigation into NdFeB permanent magnets, which are used in fighter aircraft, missile guidance systems, electric vehicles, wind...more
In this new episode of OnAir: Health Care, Akin Gump health care senior policy advisor Matthew Hittle and consultant Dr. Mario Ramirez welcome Akin Gump public law and policy partner Clete Willems and Centrient...more
8/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Intellectual Property Protection ,
Manufacturers ,
Onshoring ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Supply Chain ,
Trade Secrets ,
TRIPS Agreement ,
Vaccinations ,
Waivers ,
WTO
On Monday, July 19, 2021, Sen. Chris Coons (D-DE) and Rep. Scott Peters (D-CA-52) introduced The FAIR Transition and Competition Act of 2021 (S. 2378). The bill would, among other things, amend the Internal Revenue Code of...more
Key Points -
On June 9, President Biden signed an executive order (“EO”) revoking a series of Trump-era EOs targeting specific Chinese “connected software applications” (“apps”), including TikTok and WeChat.
The EO calls...more
6/23/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Adversaries ,
Mobile Apps ,
National Security ,
Personal Data ,
Popular ,
Supply Chain