The implementation of new 25% Section 232 duties on steel, aluminum, and certain derivatives, effective March 12, 2025, which are in addition to any special rate of duty otherwise applicable, are affecting importers globally....more
4/25/2025
/ Aluminum Sales ,
Executive Orders ,
Imports ,
International Trade ,
Reciprocity Rules ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies
On April 2, President Trump issued an Executive Order (EO) imposing global reciprocal tariffs (White House Fact Sheet). The EO drew enough parallels to the Smoot-Hawley Tariff Act that Trump mentioned it in his Rose Garden...more
Tariffs remain the focus of the incoming Trump Administration. Over the past several months, the announcements from president-elect Trump and his transition team have been dynamic. We expect the Trump trade policy team to use...more
1/15/2025
/ China ,
Importers ,
Imports ,
National Security ,
Section 232 ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Policy ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations.
The rule arrives a little over a year after Executive Order 14105,...more
10/31/2024
/ Artificial Intelligence ,
CFIUS ,
Enforcement ,
Final Rules ,
Financial Institutions ,
International Emergency Economic Powers Act (IEEPA) ,
Investment ,
National Security ,
New Regulations ,
Outbound Transactions ,
SAFE ,
Semiconductors ,
Technology Sector ,
U.S. Treasury ,
Voluntary Disclosure
In 2021, the EU adopted an updated version of the EU Dual-Use Regulation, which establishes common standards for the control of dual-use item exports by EU member states. Among its new provisions, Regulation (EU) 2021/821...more
10/25/2024
/ Cybersecurity ,
Dual Use Goods ,
Due Diligence ,
EU ,
Export Controls ,
Exporters ,
Exports ,
Regulatory Agenda ,
Regulatory Requirements ,
Surveillance ,
Technology Sector
Effective July 10, 2024, President Biden issued two Presidential Proclamations aimed at refining the tariff exclusions under Section 232 of the Trade Expansion Act of 1962 for steel and aluminum imports from Mexico. Together,...more
In an era where technological prowess and economic security are more entangled than ever, the United States has refined its approach towards restricting outbound investments. As we have been blogging since 2022, the past two...more
6/26/2024
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
Foreign Direct Investment ,
Investment ,
Notification Requirements ,
NPRM ,
Proposed Regulation ,
Regulatory Requirements ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
The White House at 5 am Tuesday morning in DC released its decision on the new section 301 tariffs. There is a 100% tariff on Chinese EVs effective this year (which is in addition to the usual 2.5% import duty on cars)....more
5/15/2024
/ Automotive Industry ,
Batteries ,
Biden Administration ,
Charging Stations ,
China ,
Electric Vehicles ,
Manufacturers ,
Mexico ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
On Tuesday, October 17, 2023, the U.S. Bureau of Industry and Security (BIS) released a package of three rules (the 2023 Rules) targeting the Chinese semiconductor industry. The rules update the substantial semiconductor...more
10/23/2023
/ China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Semiconductors ,
Software ,
Technology ,
Trade Restrictions
The North American Free Trade Agreement (NAFTA) may have been replaced effective July 1, 2020 by the United States-Mexico-Canada Agreement (USMCA), but the rules of NAFTA remain alive and well in the halls of the enforcement...more
On March 31, 2023, the U.S. Department of Treasury and Internal Revenue Service (IRS) released proposed guidance clarifying how manufacturers may meet the critical minerals and battery sourcing requirements for the clean...more
7/3/2023
/ Automotive Industry ,
Batteries ,
Electric Vehicles ,
EU ,
Free Trade Agreements ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Japan ,
Lithium Batteries ,
South Korea ,
Tax Credits ,
UK ,
Zero-Emission Vehicles
It looks like the licensing restrictions on Huawei are trickling into effect.
Our sources indicate that, as early as February 27, all license applications for exports or transfers involving Huawei which were pending with...more
3/6/2023
/ 5G Network ,
Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
Huawei ,
License Applications ,
Semiconductors ,
Telecommunications
In response to Russia’s ongoing aggression in Ukraine, both the United States and the European Union have imposed additional sanctions and further restricted exports to Russia and Iran. These new controls span many...more
2/28/2023
/ Economic Sanctions ,
Entity List ,
EU ,
Export Controls ,
Exports ,
Iran ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trade Restrictions ,
UK ,
Ukraine
The North American and global automotive sector is watching closely to see how the United States ultimately responds to the decision of December 14, 2022, made public on January 10, 2023, which upheld Canada’s and Mexico’s...more
This week saw Canada, Mexico and the United States present their respective positions and legal arguments, often in sharply worded exchanges, about how the Auto Core Parts rules of origin under the U.S.-Mexico-Canada...more
The U.S. photovoltaic (PV) industry, solar module suppliers, manufacturers, and renewable energy developers are facing new regulatory challenges with the implementation of new legislation which has a significant impact on...more
6/29/2022
/ China ,
Clean Energy ,
Cross Border Privacy Rules (CBPR) ,
Energy Sector ,
Forced Labor ,
Importers ,
Imports ,
Manufacturers ,
Photovoltaic ,
Renewable Energy ,
Solar Energy ,
Solar Panels ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
Some apparel, fabric and other goods just became more likely to get stuck at the border if U.S. Customs and Border Protection (“CBP”) suspects they contain cotton from Xinjiang or from companies on a recently published U.S....more
In recent years, a wide array of trade actions pursued by the United States, foreign and domestic policies of the United States and China, reputational risks, and supply chain breakdowns are driving a trend of more and more...more
5/17/2022
/ Biden Administration ,
China ,
Customs ,
Customs and Border Protection ,
Exports ,
Imports ,
International Trade ,
Manufacturers ,
Mexico ,
Relocation ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Internet platform providers rely upon developers of applications to populate their application stores. Some platform providers mandate app developers to use the platform’s in-app purchasing system as a condition to sell the...more
In May 2018 the United States announced the reinstitution of sanctions against Iran that had previously been lifted pursuant to the Joint Comprehensive Plan Action (“JCPOA”).
The U.S. sanctions on Iran that were revived...more
5/27/2021
/ Banks ,
Blocking Statutes ,
Corporate Counsel ,
EU ,
European Court of Justice (ECJ) ,
Financial Institutions ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
Sanctions
In August 2020, we wrote a blog post about the adoption by the European Commission (“Commission”) of a White Paper on Foreign Subsidies. On 5 May 2021, the Commission adopted a proposal for a Regulation on foreign subsidies...more
5/17/2021
/ Acquisitions ,
Coronavirus/COVID-19 ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Investment ,
Foreign Subsidies ,
Funding ,
Member State ,
Procurement Guidelines ,
White Papers
On May 10, 2021, the EU adopted its new, revised version of Regulation (EC) No 428/2009 (the “Regulation”). It is widely acknowledged to be the first major reform to the structure of the EU’s export control regime since...more
On December 28, 2020, the FAA issued a new rule, published in the Federal Register on January 15, 2021, which will impose a requirement (subject to two exceptions described below) for every unmanned aircraft weighing over...more
As State aid measures granted by EU Member States continue to surge in the aftermath of the COVID-19 outbreak and ongoing pandemic, the European Commission (“Commission”) has turned to subsidies coming from non-EU countries....more
At over $30 billion USD in transactions a year, the United States-Mexico remittance corridor is one of the largest in the world. The rapid development of cryptocurrencies has enabled cross-border transactions at just a...more
5/31/2020
/ Blockchain ,
Canada ,
Cross-Border Transactions ,
Cryptocurrency ,
FinCEN ,
FinTech ,
International Remittance Transfers ,
Mexico ,
Popular ,
Sandbox ,
Securities Exchange Act ,
United States-Mexico-Canada Agreement (USMCA)