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
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
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
For the second year running, and in what may prove to be a regular process, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has significantly expanded export controls on specific semiconductor and...more
12/6/2023
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
General Licenses ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Semiconductors
After much anticipation, on August 9, 2023, the Biden Administration released an Executive Order (E.O.) outlining how the U.S. Government will begin to regulate U.S. investments in the People’s Republic of China. This E.O.,...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NDAA ,
Outbound Transactions ,
Semiconductors ,
U.S. Treasury
On May 8, 2023, federal agents from the Federal Bureau of Investigation (FBI) assisted the Department of Homeland Security (DHS) in executing a search warrant at JinkoSolar’s solar panel manufacturing plant in Jacksonville,...more
5/11/2023
/ Anti-Dumping Duty ,
China ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
FBI ,
Forced Labor ,
Popular ,
Search Warrant ,
Solar Panels ,
Supply Chain ,
Tariffs ,
Uyghur Forced Labor Prevention Act (UFLPA)
On Friday, May 5, 2023, the U.S. Department of the Treasury (Treasury) published a proposed rule that would expand the list of military installations subject to the jurisdiction of the Committee on Foreign Investment in the...more
5/8/2023
/ Agricultural Sector ,
CFIUS ,
China ,
Department of Defense (DOD) ,
FIRRMA ,
Jurisdiction ,
National Security ,
Proposed Rules ,
Real Estate Transactions ,
U.S. Treasury ,
US Air Force
WHAT: Congress is advancing the final version of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY 2023). With provisions similar to Section 889 of the FY 2019 NDAA, Section 5949 of the FY 2023 NDAA...more
In our follow-up webinar, please join our speakers as they give updates on the growing China-Taiwan tensions and discuss how global businesses and other stakeholders can best prepare for the challenges that lie ahead....more
On October 20, 2022, the Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS), released the first-ever CFIUS Enforcement and Penalty Guidelines (the Guidelines)....more
10/24/2022
/ CFIUS ,
China ,
Compliance ,
Defense Production Act ,
Enforcement Actions ,
Failure-to-File ,
Foreign Investment ,
Motion for Reconsideration ,
Negligence ,
Self-Disclosure Requirements ,
Third-Party ,
TikTok
On October 7, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced a series of long-awaited regulations – issued as an interim final rule – amending the Export Administration Regulations...more
10/17/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Popular ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
On September 14, 2022, the European Commission (EC) issued a proposal that would ban products made with forced labor across EU markets. The proposed ban would apply both to imports and exports and includes plans for removing...more
9/16/2022
/ China ,
Enforcement ,
European Commission ,
European Parliament ,
Export Bans ,
Exports ,
Forced Labor ,
Imports ,
Investigations ,
Member State ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
WTO
Please join us for an examination of several current and material trade, sanction, and competition matters between the United States and China. Topics to be discussed include:
- The Phase 1 Agreement (important...more
9/7/2022
/ China ,
Clean Energy ,
Competition ,
Economic Sanctions ,
Forced Labor ,
Inflation Reduction Act (IRA) ,
Manufacturers ,
Semiconductors ,
Supply Chain ,
Taiwan ,
Trade Agreements ,
Trade Relations ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Webinars
WHAT: The Department of Defense (DoD) issued an interim rule requiring certain Defense contractors and subcontractors to disclose the use of workers and facilities in People’s Republic of China (PRC)....more
Beijing has long claimed the country of Taiwan – one of the largest economies in Asia, and a key part of the world’s supply chains – as part of China. Chinese military drills following Speaker Nancy Pelosi’s early August trip...more
On June 17, 2022, the Forced Labor Enforcement Task Force (FLETF) released its enforcement strategy for the Uyghur Forced Labor Prevention Act (UFLPA), which goes into effect today, June 21, 2022. The strategy provides...more
On June 6, 2022, the White House declared a national emergency and took the unprecedented step of providing duty-free treatment of solar cells and modules from Southeast Asia for two years, delaying potential tariffs on...more
6/14/2022
/ Anti-Dumping Duty ,
China ,
Countervailing Duties ,
Defense Production Act ,
Department of Energy (DOE) ,
Duty Free ,
Imports ,
Joe Biden ,
Section 303 ,
Solar Panels ,
Supply Chain ,
Tariffs ,
Uyghur Forced Labor Prevention Act (UFLPA)
Join us for a discussion of the June 21, 2022 implementation of the Uyghur Forced Labor Prevention Act (UFLPA), the latest news on enforcement, and an understanding of the new U.S. government guidelines that will be essential...more
On February 16, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued “abbreviated” regulations to implement President Biden’s 2021 Executive Order (EO) barring certain investments in...more
Issue: The U.S. Government is warning American health care entities that personal health data, including genetic information, from diagnostic tests and services could end up in the hands of foreign governments for unintended...more
On January 24, 2022, the federal Forced Labor Enforcement Task Force (Task Force) published its notice of an opportunity to comment on the development of the U.S. Government’s strategy to enforce the Uyghur Forced Labor...more
Join us in a webinar discussion on the implications of the new federal law, the Uyghur Forced Labor Prevention Act. The Act is broad and has the potential to impact a wide range of industries with supply chain links to the...more
1/6/2022
/ China ,
Customs ,
Customs and Border Protection ,
Employer Liability Issues ,
Forced Labor ,
Manufacturer Liability ,
Manufacturers ,
New Legislation ,
Sanctions ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Webinars
After more than a year of debate in the U.S. Congress as to the scope and enforceability, the Uyghur Forced Labor Prevention Act (UFLPA or Act) passed Congress with strong bipartisan support. President Biden has publicly...more
12/28/2021
/ China ,
Corporate Counsel ,
Customs and Border Protection ,
Forced Labor ,
Goods or Services ,
Imports ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
PRC ,
Rebuttable Presumptions ,
SDN List ,
Secretary of Commerce ,
Supply Chain ,
Tariff Act of 1930 ,
United States-Mexico-Canada Agreement (USMCA) ,
US Department of State