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Treasury Publishes Final Outbound Investment Restrictions With Focus on Tech Sector and China

On October 28, 2024, the U.S. Department of the Treasury issued its final outbound investment rule, which implements Executive Order 14105, prohibiting certain outbound investments by U.S. persons in Chinese and China-related...more

Proposed AI Reporting Requirements Tracking the Development of Foundational AI Models: Key Takeaways for Companies

The Commerce Department’s Bureau of Industry and Security (BIS) has proposed a rule that would establish reporting requirements to track development of advanced artificial intelligence (AI) models, in accordance with...more

U.S. Joins Allies to Impose Export Controls on Quantum Computing and Other Emerging Technologies

On September 6, 2024, the Bureau of Industry and Security (BIS) of the U.S. Commerce Department issued an interim final rule expanding export controls on certain emerging technologies: Quantum Computing: Quantum computers,...more

With Focus on Tech Sector and China, Treasury Publishes Proposed Outbound Investment Restrictions

The U.S. Department of the Treasury proposed regulations on June 21, 2024, that would prohibit certain outbound investments by U.S. persons in Chinese companies focused on semiconductors and microelectronics, quantum...more

Sweeping New U.S. Sanctions and Export Controls Intensify Pressure on Russia and Belarus As Russia Transitions to a Full War...

The United States has substantially expanded economic sanctions and export controls targeting Russia and Belarus, imposing new restrictions that could have a major impact on companies with business activities in or relating...more

Frenetic Activity Regarding Solar Energy Equipment Import Duties

With a flurry of recent activity, the U.S. government is administering or considering import duties and quotas on imports of solar energy equipment in three areas: The solar module tariff-rate quota under the “Section 201”...more

CFIUS’s Proposed Regulatory Enhancements Would Increase Transactional Risks

The Committee on Foreign Investment in the United States (CFIUS) has taken another significant step in transforming from a limited jurisdiction interagency committee that primarily reviewed voluntary filings into a body with...more

U.S. Expands China-Related Export Controls Regarding Semiconductors and Semiconductor Manufacturing Equipment

On October 17, 2023, the U.S. Commerce Department’s Bureau of Industry Security (BIS) issued revised export control regulations intended to impede China’s efforts to obtain and produce advanced semiconductors. The new steps...more

CFIUS Reportedly Finds It Lacks the Authority to Scrutinize Chinese-Owned Company’s Michigan Land Battery Plant

The Committee on Foreign Investment in the United States (CFIUS) reportedly observed limits on its authority in a recent case to examine and potentially disturb foreign investment transactions for national security reasons....more

Russia Sanctions and Export Controls: New Measures in a U.S. Crackdown

The United States has strengthened economic sanctions and export controls targeting Russia, following through on commitments made at a G7 summit this month. The EU and UK also plan to substantially expand measures targeting...more

$300 Million Seagate Export Control Penalty Shows New, Aggressive China-Trade Enforcement

On April 19, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) imposed a $300 million civil penalty on Seagate Technology LLC, a U.S. supplier of data-storage products. BIS found that...more

Commerce Department Issues Preliminary Affirmative Determinations of Circumvention Regarding Solar Modules from Southeast Asia

On December 2, 2022, the U.S. Department of Commerce (“Commerce”) issued preliminary affirmative determinations of circumvention with respect to crystalline silicon photovoltaic (“CSPV”) cells and modules exported to the...more

U.S. Expands China-Related Export Controls Regarding Advanced Computing and Semiconductor Manufacturing

On October 7, 2022, the U.S. Commerce Department’s Bureau of Industry Security (“BIS”) released new export control regulations (the “New Regulations”) that intensify and complicate U.S. and non-U.S. companies’ international...more

Solar Circumvention Proceeding: Postponement of Preliminary Determinations

On August 22, the U.S. Department of Commerce (“Commerce”) postponed its preliminary determinations in the solar panel antidumping and countervailing duty (“AD/CVD”) circumvention proceeding by 90 days. The preliminary...more

Uyghur Forced Labor Prevention Act in Effect: What Importers Need to Know - International Trade & Compliance and Environmental,...

The Uyghur Forced Labor Prevention Act (the “Uyghur Act”) came into effect on June 21, 2022. As we described previously, the Uyghur Act establishes a rebuttable presumption that goods mined, produced, or manufactured, in...more

Planned Temporary Duty-Free Importation of Solar Cells and Modules from Southeast Asia

On June 6, 2022, the Biden Administration announced its intention to waive collection of antidumping (“AD”) and countervailing (“CVD”) duties on imports of crystalline silicon photovoltaic (“CSPV”) cells and modules from...more

New U.S. Measures Targeting Russia

As part of its continuing response to Russia’s ongoing hostilities in Ukraine, the United States recently imposed additional sanctions and export controls targeting Russia...more

Solar Circumvention Proceeding Update

On May 2, the U.S. Department of Commerce issued a memorandum to update litigation parties on developments in the on-going solar cell and panel circumvention proceeding...more

New Russia-Related Export, Import, and Investment Restrictions

The United States and its allies continue to ramp up pressure on Russia and Belarus in response to Russia’s continued hostilities in Ukraine. In this alert, we describe the latest export, import, and investment bans and...more

Expanded Controls on Encryption Software Exports to Russia and Belarus

The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) has adjusted U.S. export controls in ways that dramatically limit unlicensed supply to Russia or Belarus of many types of software with encryption...more

Considerations for Companies Doing Business in and with Russia

Building on the “first tranche” of sanctions announced on February 22, 2022 described in our prior alert, the United States, the EU, the UK, and their allies have imposed (or announced the imposition of) additional...more

CFIUS and Encryption Software – Resolving Whether a CFIUS Filing Is Mandatory

Every week, scores of U.S. companies are sold to foreign investors or execute equity financing transactions involving foreign investors. Parties to these transactions must assess whether they are legally required to file...more

BIS Finalizes the Rule Covering Cybersecurity Activities

On October 21, 2021, the Commerce Department’s Bureau of Industry and Security (“BIS”) published a rule that will restrict some exports, reexports, and other overseas transfers of equipment, software, and technology...more

New Trade Controls Targeting Russia

In March 2021, three federal agencies promulgated international trade restraints as part of the Biden Administration’s response to alleged mistreatment of Russian opposition leader Alexey Navalny in 2020. Specifically, the...more

China and International Trade Controls as the Biden Administration Commences

In response to a U.S. government consensus that trade with China involves grave national security risks, the Trump Administration promulgated a broad series of China-directed export controls, economic sanctions and import...more

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