In addition to a myriad of issues to consider during M&A transactions, parties should conduct due diligence related to US trade regulations and the often-related foreign investment regulations that arise in the context of an...more
12/20/2024
/ Acquisitions ,
CFIUS ,
China ,
Compliance ,
Court of International Trade ,
Due Diligence ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Imports ,
Mergers ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Requirements ,
U.S. Customs ,
US Trade Policies
On November 17, 2024, the Department of the Treasury (“Treasury”), in its role as chair of the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”), published a final rule (“Final Rule”)...more
Just in time for Spooky Season, the Biden Administration announced executive actions related to the much used – and much lamented, depending on who you ask – de minimis exemption, which allows shipments valued at $800 or less...more
9/30/2024
/ Biden Administration ,
China ,
De Minimus Quantity Exemption ,
Duty Free ,
Enforcement Actions ,
Entity List ,
Forced Labor ,
Importers ,
Imports ,
Information Reports ,
Popular ,
Section 301 ,
Supply Chain ,
Tariffs ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA)
Much has been written about the Corporate Transparency Act (“CTA”), which was enacted on January 1, 2021, and went into effect on January 1, 2024. Briefly, the CTA requires “reporting companies” to disclose beneficial...more
7/31/2024
/ Acquisitions ,
Beneficial Owner ,
CFIUS ,
Corporate Transparency Act ,
Filing Deadlines ,
Filing Requirements ,
FinCEN ,
Foreign Entities ,
Foreign Investment ,
National Security ,
Regulatory Agenda ,
Reporting Requirements
On May 22, 2024, the United States Trade Representative (“USTR”) announced the publication of a Federal Register Notice (“the FRN”) setting forth additional and increased Section 301 tariffs for specific Harmonized Tariff...more
On April 17, 2024, the United States Trade Representative (“USTR”) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 (“Section 301”) regarding China’s acts, policies, and practices to dominate the...more
Many companies, particularly Software-as-a-Service (“SaaS”) and start-up companies, continue to struggle with the concept of export control classification of items with encryption functionality. This ongoing confusion is...more
On April 19, 2024, the Department of Commerce Bureau of Industry and Security (“BIS”) published an interim final rule (“Interim Rule”), amending the Export Administration Regulations (“EAR”) to enhance cooperation and...more
4/26/2024
/ Australia ,
Bureau of Industry and Security (BIS) ,
Comment Period ,
Export Administration Regulations (EAR) ,
Exports ,
Interim Rule ,
Licensing Rules ,
New Rules ,
Regulatory Agenda ,
Technology ,
UK
March 2024 was a busy month for U.S. Customs and Border Protection (“CBP” or “Customs”) with respect to the Enforce and Protect Act (“EAPA”) regulations related to the evasion of antidumping and countervailing duties...more
4/25/2024
/ Anti-Dumping Duty ,
Countervailing Duties ,
Customs and Border Protection ,
Evasion ,
Final Rules ,
Importers ,
Investigations ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
US Enforce and Protect Act (EAPA)
In a move that highlights the U.S. government’s ongoing fight against evasion of sanctions and export control laws, the Departments of the Treasury, Commerce, and Justice yesterday published yet another Tri-Seal Compliance...more
On February 23, 2024, on the brink of the two-year anniversary of Russia’s invasion of Ukraine, President Biden announced additional sanctions and export controls against Russia and entities in third countries that have...more
2/26/2024
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
Russia ,
Sanctions ,
UK ,
Ukraine
Those familiar with the U.S. import and export regulations know that U.S. Customs and Border Protection (“CBP” or “Customs”) generally enforces the U.S. import regulations, while multiple executive government agencies...more
1/2/2024
/ Asset Seizure ,
Bureau of Industry and Security (BIS) ,
Census Bureau ,
Customs and Border Protection ,
DEA ,
Directorate of Defense Trade Controls (DDTC) ,
Exports ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management ,
U.S. Commerce Department
Many importers have experienced at one time or another that horrible, stomach-turning feeling that comes with the realization that merchandise they have been importing has been entered under the wrong HTS code, with the...more
On October 17, 2023, the U.S. Department of Commerce Bureau of Industry & Security (“BIS”) released three rules amending the Export Administration Regulations (“EAR”) to strengthen export controls on advanced computing...more
11/1/2023
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Licensing Rules ,
Manufacturers ,
Semiconductors ,
Technology Sector
On July 26, 2023, the Forced Labor Enforcement Task Force (“FLETF”), chaired by the Department of Homeland Security, issued updates to its Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with...more
On June 16, 2023, the U.S. Department of Commerce (“Commerce”) issued a long-awaited final rule (the “Final Rule”), effective July 17, 2023, related to the Information and Communications Technology Supply Chain. Among other...more
In the nearly eighteen months since the Russian invasion of Ukraine, many companies have had to reanalyze their export control compliance procedures, particularly with respect to countries with adversarial or strained...more
9/1/2023
/ Bureau of Industry and Security (BIS) ,
Census ,
China ,
Electronic Export Information (EEI) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Filing Requirements ,
Final Rules ,
Military End Use ,
Popular ,
Russia ,
Venezuela
Many importers will discover at some point that products they import may be subject to anti-dumping duties (“ADD”) or countervailing duties (“CVD”). With Washington’s continued aggressive approach toward unfair trade...more
In this week’s episode, host Derrick Kyle is joined by Eric Hinton, the founding Director of the Robert B. Rowling Center for Business Law and Leadership at SMU Dedman School of Law, and a former Chief Ethics & Compliance...more
In our recent article Amid TikTok Tensions, CFIUS Signals Increased Enforcement and Other Updates, we discussed updates from the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) primarily with...more
6/19/2023
/ Acquisitions ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Corporations ,
Foreign Investment ,
Investors ,
Proposed Regulation ,
Proposed Rules ,
Real Estate Investments ,
Real Estate Market ,
U.S. Treasury
On April 6, 2023, the Department of Treasury Office of Foreign Assets Control (“OFAC”) and the Department of Commerce Bureau of Industry and Security (“BIS”) announced a settlement with Microsoft Corporation (“Microsoft”) and...more
4/26/2023
/ Bureau of Industry and Security (BIS) ,
Civil Monetary Penalty ,
Compliance ,
Economic Sanctions ,
Export Controls ,
Microsoft ,
Office of Foreign Assets Control (OFAC) ,
Remedial Actions ,
Russia ,
SDN List ,
Settlement ,
Software ,
Ukraine
MENU InsightsAmid TikTok Tensions, CFIUS Signals Increased Enforcement and Other UpdatesBy: Derrick Kyle, Senior AssociateDate: 04/25/2023As TikTok CEO Shou Zi Chew was facing (often contentious) questions from members of...more
As the war in Ukraine continues, the diversion of restricted goods and technology to Russia remains a risk for exporters. The Republic of Turkey has become a primary diversion point for such restricted goods. In the summer of...more
3/10/2023
/ Bureau of Industry and Security (BIS) ,
Customs and Border Protection ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Restricted Goods ,
Russia ,
Turkey ,
Ukraine
Compliance Program Guidelines -
On December 5, 2022, the U.S. Department of State Directorate of Defense Trade Controls (“DDTC”) issued new Compliance Program Guidelines (“the Guidelines”) intended to provide an overview...more
3/6/2023
/ Arms Export Control Act ,
Best Practices ,
Compliance ,
Directorate of Defense Trade Controls (DDTC) ,
Employee Training ,
Export Controls ,
Exports ,
ITAR ,
New Guidance ,
Policies and Procedures ,
Recordkeeping Requirements ,
Reporting Requirements ,
Risk Assessment ,
Risk Management
In the aftermath of 9/11, the U.S. Government created the Department of Homeland Security to carry out a broad range of national security functions. Today, DHS is widely known for overseeing both Immigrations and Customs...more