The effect of global trade policies on companies’ supply chains cannot be overstated. Notwithstanding the current port delays, businesses are suffering from increasing production costs, access to efficient labor and...more
11/3/2021
/ Biden Administration ,
Buy American Act ,
C-Suite Executives ,
China ,
Environmental Social & Governance (ESG) ,
EU ,
Foreign Trade Regulations ,
Foreign Workers ,
Importers ,
Section 301 ,
Semiconductors ,
Trade Agreements ,
Trade Policy ,
Trade Relations ,
Trump Administration ,
WTO
As global trade policy affects supply chains and importing and exporting, companies often have interests on both sides of global trade issues. They want lower costs and efficient labor sources and want to sell their goods and...more
11/2/2021
/ Audits ,
Buy American Act ,
China ,
Exports ,
Federal Trade Commission (FTC) ,
Global Market ,
Imports ,
Joe Biden ,
Sanctions ,
Section 301 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
US Trade Policies
Export control requirements, economic sanctions, foreign ownership rules, import restrictions — cross-border trade continues to get more complex.
Do you know there are trade laws that restrict who you can do business...more
10/22/2021
/ Blocked Entities ,
CFIUS ,
Compliance ,
Cross-Border ,
Customs and Border Protection ,
Duties ,
Economic Sanctions ,
Embargo ,
Export Controls ,
Foreign Entities ,
Foreign Investment ,
Foreign Ownership ,
Foreign Workers ,
Imports ,
National Security ,
Startups ,
Tariffs ,
Technology Sector ,
Trademark Infringement
On October 5, 2021, the Office of the United States Trade Representative (USTR) announced that it will be conducting a new but narrow exclusion renewal request process to decide whether it will extend up to 549 Section 301...more
1. Expanded Export Controls on Certain Biological Equipment Software Are Coming-
As part of the Bureau of Industry and Security’s emerging and foundational technology control effort, new export controls are forthcoming...more
10/5/2021
/ Artificial Intelligence ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
CBSA ,
China ,
Ethiopia ,
Export Controls ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Sanction Violations ,
Sanctions ,
Software ,
U.S. Commerce Department
1. Electronics Company Hit With $6.6 Million Penalty for Unauthorized Software Exports-
Keysight Technologies Inc., a California electronics company, has settled with the Department of State, agreeing to pay a $6.6...more
9/9/2021
/ Arms Export Control Act ,
Belarus ,
China ,
Data Security ,
Directorate of Defense Trade Controls (DDTC) ,
Labeling ,
Made in the USA ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
SDN List ,
United States-Mexico-Canada Agreement (USMCA) ,
US Department of State
How companies should navigate today’s shifting global trade landscape and remain in compliance amid increasing government scrutiny.
What it means for your strategic business planning.
We all know global trade policy...more
8/24/2021
/ Airbus ,
Boeing ,
Buy American Act ,
China ,
Court of International Trade ,
Cross-Border ,
Department of Justice (DOJ) ,
Exports ,
Forced Labor ,
Foreign Investment ,
Imports ,
Joe Biden ,
National Security ,
OECD ,
Supply Chain ,
Technology Sector ,
Trade Policy ,
WTO
We are continuing to see strong interest in basic facts about CFIUS. One reason is increased CFIUS enforcement of its authorities. Another is news coverage of Chinese investment in U.S. critical technology and companies...more
8/18/2021
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Foreign Investment ,
Foreign Nationals ,
Mandatory Declarations ,
National Security ,
Target Company ,
Technology Sector ,
U.S. Treasury
1. Biden Administration Trade Posture-
The Biden administration is slowly and steadily reviewing the decisions of the Trump administration. So far, the administration has struck a deal with the EU to end the 17-year-old...more
8/9/2021
/ Airbus ,
Biden Administration ,
Boeing ,
CFIUS ,
China ,
Department of Homeland Security (DHS) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Foreign Policy ,
Interagency Guidance ,
National Security ,
OECD ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
Section 301 ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
Unfair or Deceptive Trade Practices ,
WTO
1. Chinese Trade Tensions Ramp Up-
On June 3, President Joe Biden signed Executive Order 14032, replacing and superseding previous EOs that banned U.S. persons from purchasing and selling public securities of Chinese...more
7/8/2021
/ Anti-Corruption ,
China ,
Customs and Border Protection ,
Department of Defense (DOD) ,
Entrepreneurs ,
Executive Orders ,
Forced Labor ,
Imports ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
U.S. Commerce Department ,
U.S. Treasury ,
Withhold Release Orders (WROs)
Have you made the classic mistake of assuming that — because your company is a startup, hasn’t gone global or never plans to engage in international transactions — you aren't required to comply with export controls and U.S....more
1. Recent Enforcement: Even Companies That Invest in Compliance Pay Penalties-
Since our April enforcement roundup, the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) in the Department...more
6/3/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Justice (DOJ) ,
ENERGY STAR Program ,
Enforcement Actions ,
Executive Orders ,
Export Controls ,
Exports ,
Geo-Blocking ,
Honeywell International ,
ITAR ,
Moneygram ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
SDN List ,
Software ,
U.S. Commerce Department ,
U.S. Treasury
1. BIS Eliminates Reporting Requirements for Certain Encryption Items Effective March 29, 2021, BIS eliminated or reduced reporting requirements for certain encryption items.
For encryption source code and beta test...more
5/27/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Encryption ,
Executive Orders ,
Financial Institutions ,
Foreign Direct Investment ,
Huawei ,
Joe Biden ,
Pharmaceutical Industry ,
Proposed Legislation ,
Reporting Requirements ,
Russia ,
Sanctions ,
Section 301 ,
Software ,
Supply Chain ,
Surveillance ,
Tariffs ,
Technology Sector ,
USTR ,
ZTE
Despite heightened US-China trade tensions and the COVID-19 pandemic’s disruptive effects on the global economy, mergers and acquisitions continue. The US government’s Committee on Foreign Investment in the United States...more
On March 31, 2021, the Office of the U.S. Trade Representative (USTR) published a notice seeking comments regarding proposed duties on imported goods from Austria, India, Italy, Spain, Turkey, and the United Kingdom (UK). The...more
Summaries of recent legislative and regulatory developments with respect to:
•The SEC’s Examination Priorities for 2021-
•The SEC’s Focus on Digital Asset Securities-
•The SEC’s New Marketing Rule... ...more
4/1/2021
/ Accredited Investors ,
Anti-Money Laundering ,
BEA ,
Broker-Dealer ,
CARES Act ,
CFIUS ,
Chief Compliance Officers ,
Client Funds ,
Common Reporting Standard (CRS) ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Digital Assets ,
Disclosure ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Fraud ,
Financial Industry Regulatory Authority (FINRA) ,
FinTech ,
Foreign Investment ,
Form CRS ,
General Data Protection Regulation (GDPR) ,
IARD ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Portfolios ,
Net Operating Losses ,
Office of Foreign Assets Control (OFAC) ,
Recordkeeping Requirements ,
Registered Investment Advisors ,
Safe Harbors ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Tax Cuts and Jobs Act ,
U.S. Treasury ,
Unauthorized Transactions
1. Recent Enforcement Actions Outline the Need for Compliance Measures-
Over the past few months, the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) in the Department of Commerce have...more
4/1/2021
/ Bureau of Economic Analysis ,
Bureau of Industry and Security (BIS) ,
Civil Liability ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Qui Tam ,
Russia ,
Sanctions ,
U.S. Commerce Department ,
US State Departments
Israel’s global reputation as ‘Start-up Nation’ and the country’s increasingly warm relationships with countries subject to U.S. economic sanctions may be headed for a collision course with the U.S. government. While these...more
Welcome to the inaugural edition of Lowenstein Sandler’s Trade Matters. Each month, we will cover important developments related to international trade law and compliance. We look forward to a continuing dialogue with our...more
3/1/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Court of International Trade ,
Entity List ,
EU ,
Executive Orders ,
Extraterritoriality Rules ,
Forced Labor ,
Imports ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Supply Chain ,
Tariffs ,
UK
The litigation filed last fall challenging the legitimacy of the United States Trade Representative’s (USTR) decision to issue the List 3 and List 4 China 301 tariffs is moving forward, but companies paying these duties may...more
Hypersonics — the science behind missiles that travel in excess of Mach 5 and can quickly change trajectory mid-flight — illustrate the challenges faced by U.S. companies working on emerging technologies...
Originally...more
At a time when the U.S. healthcare system is already overwhelmed by the COVID-19 pandemic, hospitals and healthcare companies have been hit with an unprecedented number of ransomware attacks. A joint cybersecurity advisory...more
On November 19, 2020, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a risk alert (the Risk Alert) identifying common compliance issues related to Rule 206(4)-7 (the...more
12/7/2020
/ Anti-Corruption ,
Compliance ,
Department of Justice (DOJ) ,
Fund Managers ,
Investment Adviser ,
OCIE ,
Office of Foreign Assets Control (OFAC) ,
Registered Investment Advisors ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
U.S. Treasury
A recent dispute between an importer and U.S. Customs and Border Protection (CBP) serves as a stark reminder that the “substantial transformation” test used to determine the country of origin of imported goods is far from...more
As trade compliance gains more traction, US regulators have made it clear that having compliance policies in place is critical, regardless of the company size or the industry. The implementation of such compliance programs...more
11/9/2020
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Compliance ,
Cuba ,
Department of Justice (DOJ) ,
ECCNs ,
Export Administration Regulations (EAR) ,
Fines ,
National Security ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Sanction Violations ,
Shipping Cargo