Part one of this series focused on former US Trade Representative (USTR) Robert Lighthizer’s approach to trade and how it would flavor the United States-Mexico-Canada Agreement (USMCA) joint review process in 2026 if Donald...more
10/9/2024
/ Anti-Dumping Duty ,
Bureau of Industry and Security (BIS) ,
Carbon Emissions ,
China ,
Countervailing Duties ,
Customs and Border Protection ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Export Controls ,
Forced Labor ,
International Trade ,
International Trade Commission (ITC) ,
Judges ,
Judicial Reform ,
Labor Disputes ,
Longshoremen ,
Mexico ,
Ports ,
Strike ,
Supply Chain ,
U.S. Commerce Department ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
Decentralized Autonomous Organizations (DAOs) are a novel form of governance for blockchain-based protocols. Unlike traditional companies or non-profits, DAOs are member-controlled organizations that operate without a central...more
10/9/2024
/ Blockchain ,
Charitable Organizations ,
Corporate Governance ,
Cryptocurrency ,
Decentralized Autonomous Organization (DAO) ,
Decision-Making Process ,
Digital Assets ,
Ethereum ,
Internal Revenue Code (IRC) ,
Nonprofits ,
Popular ,
Smart Contracts ,
Tax Exemptions ,
Transparency
Parties to the Dispute-
The union and management teams reached a settlement agreement that was announced on October 4, 2024 to end the port strike. The settlement does not resolve the issues, but extends the master...more
10/8/2024
/ AFL-CIO ,
Automation Systems ,
Collective Bargaining ,
Contract Negotiations ,
Customs and Border Protection ,
GAO ,
Labor Disputes ,
Longshoremen ,
Maritime Transport ,
Ports ,
Shipping Cargo ,
Strike ,
Supply Chain ,
Taft-Hartley Act ,
Technology ,
Unions ,
Vessels
This is the first of a three-part series about the USMCA joint review process, focusing on China, Mexico, and competing visions of a “worker-centered” trade policy. Part one introduces the USMCA joint review process and...more
8/13/2024
/ Administrative Agencies ,
Administrative Review ,
BRIC ,
Bureau of Industry and Security (BIS) ,
CEOs ,
CFOs ,
Chevron Deference ,
China ,
Commercial Contracts ,
Court of International Trade ,
Customs and Border Protection ,
Economic Growth ,
Export Controls ,
Foreign Direct Investment ,
International Trade ,
International Trade Commission (ITC) ,
Judicial Interpretation ,
Oil & Gas ,
Presidential Proclamations ,
SCOTUS ,
Section 232 ,
Section 301 ,
Sunset Provisions ,
Supply Chain ,
Texas ,
U.S. Commerce Department ,
United States-Mexico-Canada Agreement (USMCA)
In the complex world of commercial international trade, contracts serve as the foundation for successful transactions. A well-prepared contract review checklist provides a basis for lawyers to ensure that all necessary terms...more
8/12/2024
/ Boilerplate Language ,
Commercial Contracts ,
Confidentiality Agreements ,
Contract Termination ,
Contract Terms ,
Contracts Clause ,
Data Protection ,
Force Majeure Clause ,
International Trade ,
Liability ,
Terms and Conditions
Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing...more
6/11/2024
/ Australia ,
CFTC ,
China ,
Department of Justice (DOJ) ,
Developing Countries ,
Digital Assets ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Growth ,
Economic Sanctions ,
EFTs ,
Enforcement Actions ,
Exclusions ,
Export Administration Regulations (EAR) ,
Foreign Direct Investment ,
Foreign Investment ,
IMMEX ,
India ,
Intergovernmental Agreements ,
International Emergency Economic Powers Act (IEEPA) ,
ITAR ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Sanction Violations ,
Section 301 ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations ,
Technology Transfer Agreements ,
TWEA ,
U.S. Commerce Department ,
UK ,
United States-Mexico-Canada Agreement (USMCA) ,
USITC ,
USTR
Digital assets, including blockchain and cryptocurrency protocols and companies, have been in a defensive posture for much of 2022, 2023 and 2024. The collapse of crypto exchange FTX and numerous enforcement actions taken by...more
On May 14, 2024, the United States Trade Representative (USTR) released its Final Report relating to the four-year review of actions taken in the Section 301 investigation. Within the Report, the USTR confirmed that it...more
6/10/2024
/ Clean Energy ,
Clean Tech ,
Cyber Crimes ,
Inflation Reduction Act (IRA) ,
Investigations ,
Medical Supplies ,
Section 301 ,
Supply Chain ,
Tariffs ,
Technology Transfer Agreements ,
U.S. Commerce Department ,
USITC ,
USTR
In February 2024, Customs and Border Protection (CBP) began taking a new approach to Uyghur Forced Labor Prevention Act (UFLPA) enforcement—questionnaires. Once again, the solar industry is among the first targets, vanguards...more
4/5/2024
/ Anti-Dumping Duty ,
Artificial Intelligence ,
Countervailing Duties ,
Customs and Border Protection ,
Cybersecurity ,
De Minimis Claims ,
EU ,
Export Controls ,
Food Safety ,
Forced Labor ,
Foreign Policy ,
Freight Forwarding ,
Global Disputes ,
IMMEX ,
Imports ,
International Trade ,
Mexico ,
Section 321 ,
Supply Chain ,
Tariff Act of 1930 ,
Tariffs ,
U.S. Commerce Department ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
Artificial Intelligence (AI) has been a hot topic for the last 2-3 years for politicians, technologists, and many people in civil societies globally. The use of the technology has obvious benefits for increasing productivity...more
Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more
2/8/2024
/ Bitcoin ,
Blockchain ,
Brokers ,
Bureau of Industry and Security (BIS) ,
China ,
Cryptocurrency ,
Customs ,
Customs and Border Protection ,
Decentralized Finance (DeFi) ,
Distribution Rules ,
Duties ,
EFTs ,
Export Administration Regulations (EAR) ,
Export Controls ,
First Sale Doctrine ,
Foreign Policy ,
Foreign Trade Zones ,
Free Trade Zone ,
Importers ,
Imports ,
Infringement ,
International Trade ,
Investor State Dispute Settlement (ISDS) ,
Mexico ,
Military Conflict ,
Minister of Foreign Affairs ,
NVOCCs ,
Parallel Imports ,
Patents ,
Supply Chain ,
Taiwan ,
Tariffs ,
Tokenization ,
Trade Agreements ,
Trade Relations ,
Uniform Commercial Code (UCC) ,
Utility Tokens ,
Voluntary Disclosure
The world of cryptocurrencies on blockchains and the world of traditional assets in markets have often stood in stark contrast to one another since Bitcoin’s creation in 2008. The lack of a reliable bridge between these two...more
2/7/2024
/ Bitcoin ,
Blockchain ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Currency ,
ETFs ,
Initial Coin Offering (ICOs) ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Token Sales ,
Tokenization ,
Utility Tokens ,
Virtual Currency
In recent years, the global spotlight has illuminated the grave concerns surrounding human rights violations within China's Xinjiang region, particularly those impacting the Uyghur population. The Uyghur Forced Labor...more
11/13/2023
/ Administrative Review ,
Anti-Dumping Duty ,
Biological-Weapons ,
Bureau of Industry and Security (BIS) ,
Buy American Act ,
China ,
Code of Federal Regulations (CFR) ,
Compliance ,
Countervailing Duties ,
Court of International Trade ,
Customs and Border Protection ,
Economic Sanctions ,
Employee Training ,
Export Controls ,
Food and Drug Administration (FDA) ,
Forced Labor ,
IMMEX ,
International Trade ,
International Trade Commission (ITC) ,
Manufacturers ,
Mexico ,
OMB ,
Risk Management ,
Sunset Provisions ,
Supply Chain ,
Taiwan ,
Terrorist Acts ,
U.S. Commerce Department ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
The Office of Management and Budget (“OMB”), Made in America Office issued a Final Rule to clarify the Build America, Buy America Act (“BABA”) provisions of the Infrastructure Investment and Jobs Act4 (“IIJA”) and to clarify...more
11/10/2023
/ Buy America ,
Buy American Act ,
Code of Federal Regulations (CFR) ,
Customs ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
International Trade ,
Made in the USA ,
Manufacturers ,
OMB ,
Trade Agreements Act
Uniformity, or rather the lack thereof, in procedures and practices within U.S. Customs and Border Protection's (CBP) Centers of Excellence and Expertise (Centers) is evidently harming compliant companies within the trade...more
8/9/2023
/ Brokers ,
Buy America ,
CAFC ,
Compliance ,
Court of International Trade ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Export Controls ,
Exports ,
Importers ,
Imports ,
Licenses ,
OMB ,
Sanction Violations ,
Supply Chain ,
Taiwan ,
Trade Agreements ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
This article discusses compliance “Buy America” provisions in federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. It also outlines the...more
8/7/2023
/ Buy America ,
Buy American Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Free Trade Agreements ,
Made in the USA ,
OMB ,
Small Business ,
Trade Agreements ,
Trade Agreements Act ,
Waivers
The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (“USTR”), to...more
6/8/2023
/ Australia ,
China ,
Customs and Border Protection ,
Exports ,
Federal Acquisition Regulations (FAR) ,
Forced Labor ,
IMMEX ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
WTO
This article provides an overview of federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. The FAR, found under 48 C.F.R. Part 25, comprises...more
Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more
4/18/2023
/ Buy America ,
Continuing Legal Education ,
Department of Agriculture ,
Departments of Commerce ,
DFARS ,
Environmental Protection Agency (EPA) ,
Federal Acquisition Regulations (FAR) ,
Government Agencies ,
Infrastructure ,
New Legislation ,
New Regulations ,
OMB ,
Origin ,
Procurement Guidelines ,
Steel Industry ,
Trade Agreements Act ,
Waivers ,
Webinars
Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more
4/18/2023
/ Buy America ,
Continuing Legal Education ,
Department of Agriculture ,
Departments of Commerce ,
DFARS ,
Environmental Protection Agency (EPA) ,
Federal Acquisition Regulations (FAR) ,
Government Agencies ,
Infrastructure ,
New Legislation ,
New Regulations ,
OMB ,
Origin ,
Procurement Guidelines ,
Steel Industry ,
Trade Agreements Act ,
Waivers ,
Webinars
Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more
4/18/2023
/ Buy America ,
Continuing Legal Education ,
Department of Agriculture ,
Departments of Commerce ,
DFARS ,
Environmental Protection Agency (EPA) ,
Federal Acquisition Regulations (FAR) ,
Government Agencies ,
Infrastructure ,
New Legislation ,
New Regulations ,
OMB ,
Origin ,
Procurement Guidelines ,
Steel Industry ,
Trade Agreements Act ,
Waivers ,
Webinars
U.S. Customs and Border Protection (CBP) held The Forced Labor Technical Expo: Tools for Supply Chain Transparency from March 14-15, 2023, which involved members of the U.S. importing community, partner government agencies,...more
4/10/2023
/ China ,
Court of International Trade ,
Customs and Border Protection ,
Economic Sanctions ,
Export Controls ,
Forced Labor ,
International Trade ,
International Trade Commission (ITC) ,
ITAR ,
Office of Foreign Assets Control (OFAC) ,
OMB ,
Russia ,
Section 301 ,
Software ,
Tariffs ,
U.S. Commerce Department ,
United States-Mexico-Canada Agreement (USMCA) ,
Visas
Join ICPA and Braumiller Law Group's Washington D.C. of Counsel Jim Holbein for a presentation on incoterms -
The webinar will cover the obligations, costs and risks associated with all the seven multimodal Incoterms and...more
4/7/2023
/ Buyers ,
Contract Terms ,
Exports ,
Imports ,
International Chamber of Commerce (ICC) ,
Liability ,
Risk Management ,
Sellers ,
Supply Chain ,
Transaction Costs ,
Webinars
This article provides a brief analysis of the fundamental changes and clarifications to the Buy America requirements for federally-funded infrastructure projects that are currently proposed by the Office of Management and...more
2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain security. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies...more
2/8/2023
/ Buy America ,
Buy American Act ,
China ,
Cryptocurrency ,
Customs and Border Protection ,
Directorate of Defense Trade Controls (DDTC) ,
Exports ,
Forced Labor ,
Goods or Services ,
Importers ,
Imports ,
Investment ,
ITAR ,
Mexico ,
Russia ,
Supply Chain ,
Trade Restrictions ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)