The past two presidential administrations have seen major shifts in U.S. trade policy impacting all aspect of the digital ecosystem, from trade in physical technology products to new initiatives limiting data flows. Join...more
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued two proposed rules that substantially increase the scope of controls under the Export Administration Regulations (EAR) applicable to...more
On August 2, 2024, the U.S. Department of Commerce (the Department) determined that the Socialist Republic of Vietnam (Vietnam) continues to function as a non-market economy (NME) and will continue to be treated as such for...more
The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for the calendar year 2023. The report shows an increasing emphasis on...more
On July 8, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) that would expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review...more
An August 4 deadline is fast approaching for comments to the U.S. Department of the Treasury’s Notice of Proposed Rulemaking (NPRM) that was issued June 21. The NPRM will restrict, for national security purposes, specific...more
7/16/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Covered Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Nationals ,
Intelligence Services ,
Investment ,
Investment Funds ,
Popular ,
PRC ,
Semiconductors ,
U.S. Treasury
The Biden Administration’s recent expansion of sanctions and export controls to counter Russian aggression will impact non-U.S. financial institutions and increase compliance risks for the business software sector and other...more
6/24/2024
/ Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Financial Institutions (FFI) ,
General Licenses ,
Information Technology ,
Liquid Natural Gas ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Software ,
U.S. Treasury
On May 28, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced amendments to the Cuban Assets Control Regulations (CACR), which expand authorizations for certain financial and...more
6/5/2024
/ Cuba ,
Cuban Assets Control Regulations (CACR) ,
Economic Sanctions ,
Entrepreneurs ,
Export Controls ,
Internet ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sole Proprietorship ,
U.S. Treasury
On May 13, 2024, President Biden took the rare step of issuing a Presidential decision ordering the divestment of Chinese-owned real estate located near the Francis E. Warren Air Force Base (Warren AFB) in Wyoming and the...more
5/17/2024
/ Bitcoin Mining ,
CFIUS ,
China ,
Cryptocurrency ,
Defense Production Act ,
Divestment ,
Investigations ,
Joe Biden ,
National Security ,
Real Estate Transactions ,
U.S. Treasury ,
US Air Force
On May 14, 2024, the Biden Administration announced that it will seek to increase tariffs on $18 billion in imports from China under Section 301 of the Trade Act of 1974. The Administration’s action is based on...more
On April 24, 2024, President Biden signed into law H.R. 815, which includes the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFA or the Act), a significant restriction on foreign data sales by U.S....more
On April 25, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced in a press release that it will publish an interim final rule (IFR) in the Federal Register on April 30, 2024, updating the...more
The U.S. International Trade Commission (USITC) is inviting interested parties to comment on the US-Mexico-Canada Agreement’s (USMCA) automotive rules of origin. Parties will have until September 24, 2024 to request an...more
The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM) that would amend the...more
On March 25, 2024, the U.S. Department of Commerce (Commerce) issued a final rule designed to “improve, strengthen and enhance” its antidumping (AD) and countervailing duty (CVD) regulations. The final rule largely adopts...more
These two laws usher in a new era of industrial policy, providing billions of dollars for new infrastructure, high-tech research and development, and growing and strengthening the industrial manufacturing base. ...more
Along with engaging in closer cooperation with partner countries, the U.S. is prioritizing its own national security interests as well, moving first in many respects....more
On March 1, 2024, at the direction of President Biden, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on the proposed...more
3/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
Connected Cars ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
National Security ,
OEM ,
U.S. Commerce Department
On March 7, 2024, the Office of the United States Trade Representative (USTR) announced a Request for Comments on Promoting Supply Chain Resilience, seeking public comment on policy initiatives that promote supply chain...more
On February 28, 2024, the White House released a highly anticipated and far-reaching Executive Order (EO) that directs several new regulatory steps to limit the transfer of sensitive personal data outside of the United States...more
3/4/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Consumer Financial Protection Bureau (CFPB) ,
Cross-Border Transactions ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Mobile Apps ,
Office of Foreign Assets Control (OFAC) ,
Privacy Concerns ,
Secretary of Defense ,
Sensitive Personal Information ,
Smart Devices ,
Telecommunications ,
U.S. Commerce Department
On January 23, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released a new rule to expand and strengthen its existing export control restrictions under the Export Administration Regulations...more
We anticipate that 2024 will be another extremely important year for international trade and national security law and policy. The Biden Administration and Congress will continue to debate trade legislation and policy...more
1/26/2024
/ Anti-Dumping Duty ,
Biden Administration ,
Buy America ,
Enforcement Actions ,
Exports ,
Imports ,
Inflation Reduction Act (IRA) ,
National Security ,
Trade Negotiations ,
Trade Relations ,
U.S. Commerce Department ,
US Trade Policies ,
Vietnam ,
Webinars
WHAT: On January 11, 2024, the U.S. Department of Defense (DOD) published its National Defense Industrial Strategy (NDIS). In line with DOD’s continued emphasis on modernizing and strengthening the supply chain and...more
Last week, the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) issued a comprehensive new bipartisan report, including almost 150 policy...more
12/19/2023
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Competition ,
Department of Defense (DOD) ,
FCC ,
FIRRMA ,
Foreign Adversaries ,
Foreign Investment ,
NDAA ,
Popular ,
Tariffs ,
Technology ,
U.S. Commerce Department
On December 12, 2023, the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Committee”), led by Chairman Mike Gallagher (WI), issued a wide-ranging report with...more