On March 4, 2025, the Trump Administration imposed 25% import tariffs on nearly all Canadian and Mexican origin goods under the International Emergency Economic Powers Act (“IEEPA”)....more
3/10/2025
/ Aluminum Sales ,
America First Trade Policy ,
Canada ,
China ,
Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
Section 232 ,
Steel Industry ,
Tariffs ,
Trump Administration ,
U.S. Commerce Department ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
Upon being sworn in on February 5, 2025, Attorney General Pamela Bondi immediately issued memoranda reorienting national security enforcement resources of the U.S. Department of Justice (“DOJ”) to focus on addressing illegal...more
2/21/2025
/ Criminal Prosecution ,
Department of Justice (DOJ) ,
Drug Trafficking ,
Economic Sanctions ,
Export Controls ,
Foreign Agents Registration Act (FARA) ,
Immigration Reform ,
International Emergency Economic Powers Act (IEEPA) ,
Israel ,
National Security ,
Office of Foreign Assets Control (OFAC)
On February 10, 2025, President Trump issued two proclamations (collectively, the “Proclamations”) that increase tariffs on imports of aluminum products from 10% to 25%, maintain 25% tariffs on imports of steel products, and...more
2/14/2025
/ Aluminum Sales ,
Bureau of Industry and Security (BIS) ,
Customs and Border Protection ,
Imports ,
International Trade ,
National Security ,
Presidential Proclamations ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies
On Saturday, February 1, 2025, the Trump Administration initially announced U.S. import tariffs on Canadian, Chinese, and Mexican origin products. These tariffs would have subjected many Canadian and Mexican origin products...more
2/7/2025
/ Canada ,
China ,
Executive Orders ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
National Security ,
Retaliatory Tariffs ,
Section 301 ,
Tariffs ,
Trade Wars ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
The U.S. Department of Justice (“DOJ”) published its final rule (“Final Rule”) on January 8, 2025, that will prohibit or restrict transfer of certain data of U.S. persons to countries of concern, including to China. The Final...more
1/15/2025
/ China ,
Compliance ,
Cybersecurity Information Sharing Act (CISA) ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Executive Orders ,
Final Rules ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements ,
Sensitive Personal Information
On January 3, President Biden issued the Order Regarding the Proposed Acquisition of United States Steel Corporation by Nippon Steel Corporation (the “Order”)....more
1/8/2025
/ Biden Administration ,
CFIUS ,
Defense Production Act ,
Enforcement Actions ,
Executive Orders ,
Foreign Investment ,
Foreign Policy ,
International Trade ,
Japan ,
Mergers ,
National Security
On December 2, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) adopted yet another round of amendments to the Export Administration Regulations (“EAR”) to curb advances by the People’s Republic...more
The U.S. Department of Justice (“DOJ”) released a Notice of Proposed Rulemaking (“Proposed Rule”) on October 21 that would prohibit or restrict the transfer of certain data of U.S. persons to China and other countries of...more
In a notice published on September 9, 2024, announcing a proposed rule and request for comment (“Proposed Rule”), the U.S. Department of Commerce called for new reporting requirements for the development of certain advanced...more
10/3/2024
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Data Collection ,
Data-Sharing ,
Defense Production Act ,
Defense Sector ,
Executive Orders ,
Know Your Customers ,
Machine Learning ,
NDAA ,
NPRM ,
Proposed Rules ,
Reporting Requirements ,
Software Developers ,
Technology ,
Technology Sector ,
U.S. Commerce Department
On Friday, September 13, 2024, the Office of the United States Trade Representative (“USTR”) announced its final modifications to the Section 301 tariffs on Chinese-origin goods. USTR will keep all of the proposed tariff...more
9/18/2024
/ Biden Administration ,
Certification Requirements ,
China ,
Consumer Product Safety Commission (CPSC) ,
Exemptions ,
Importers ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
On September 6, the Bureau of Industry and Security (“BIS”) in the U.S. Commerce Department issued an interim final rule (“IFR”) under the Export Administration Regulations (“EAR”) to add new export controls on semiconductor,...more
9/13/2024
/ Bureau of Industry and Security (BIS) ,
Commerce Control List ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Technology Sector ,
U.S. Commerce Department
As Russia continues its war against Ukraine and Ukraine has itself recently opened a new front by capturing Russian territory in its Kursk region, the United States announced on August 23 its latest tranche of sanctions...more
9/6/2024
/ Biden Administration ,
Corporate Counsel ,
Defense Sector ,
Economic Sanctions ,
Export Controls ,
Exports ,
Foreign Policy ,
G7 ,
General Licenses ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Record Retention ,
Russia ,
SDN List ,
Statute of Limitations ,
Technology Sector ,
U.S. Commerce Department ,
Ukraine
The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies...more
7/19/2024
/ Biden Administration ,
China ,
Covered Transactions ,
Executive Orders ,
Foreign Investment ,
National Security ,
NPRM ,
Outbound Transactions ,
Popular ,
Proposed Rules ,
Technology ,
Technology Sector ,
U.S. Treasury
On May 14, 2024, the Biden Administration proposed to maintain the existing tariffs on Chinese-origin goods imposed by the Trump Administration under Section 301 of the Trade Act of 1974 (“Section 301”). ...more
On February 23, building mainly upon the broad authority of Executive Order 14024 (“EO 14024”)[1] issued by President Joe Biden in 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the...more
3/5/2024
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Defense Sector ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Foreign Trade Regulations ,
General Licenses ,
Iran ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
As the February 2022 Russian invasion of neighboring Ukraine approaches its second anniversary and as Russia has increasingly turned to covert relationships with third country providers to avoid U.S., European Union and other...more
2/6/2024
/ Banking Sector ,
CAPTA List ,
Economic Sanctions ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia
According to the National Center for Science and Engineering Statistics (“NCSES”), a key driver in the scientific and technological accomplishments of U.S. research universities is the volume of federal support for research...more
9/7/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Colleges ,
Department of Defense (DOD) ,
Economic Sanctions ,
Educational Institutions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Federal Funding ,
Foreign Entities ,
Foreign Policy ,
National Security ,
Popular ,
Research and Development ,
Russia ,
Scientific Research ,
SDN List ,
State-Owned Enterprises ,
Universities
As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the...more
On August 9, President Biden issued Executive Order 14105 (“EO 14105”) on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. EO 14105 significantly reshapes...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Civil Monetary Penalty ,
Economic Sanctions ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Notice Requirements ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Public Comment ,
Regulatory Agenda ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On August 9, after months of deliberations, President Biden issued a new Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the “EO”)....more
Recently the Committee on Foreign Investment in the United States (“CFIUS”, or the “Committee”) announced three changes that impact how the Committee evaluates foreign investments in U.S. businesses. While the changes appear...more
The U.S. Department of Justice (“DOJ”) on May 16 announced criminal charges and arrests that highlight risks for companies from U.S. and non-U.S. networks and individuals that seek to unlawfully divert U.S. goods, services,...more
5/22/2023
/ Arms Export Control Act ,
China ,
Criminal Investigations ,
Criminal Prosecution ,
Defense Sector ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
Economic Sanctions ,
Enforcement Priorities ,
Export Controls ,
Exports ,
FBI ,
Financial Services Industry ,
Intellectual Property Protection ,
Iran ,
Russia ,
Technology Sector ,
Theft
On April 5, the U.S. Treasury Department's Office of Foreign Assets Control (“OFAC”) in the U.S. Department of the Treasury named Genesis Market to OFAC’s Specially Designated Nationals List (“SDN List”). Genesis Market is...more
4/27/2023
/ Cryptocurrency ,
Cyber Crimes ,
Cyber Threats ,
Dark Web ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
FBI ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Online Platforms ,
Russia ,
SDN List ,
U.S. Treasury
On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023. The law directs the Department of the Treasury, in coordination with the Department of Commerce and other Federal partners, “to...more
4/4/2023
/ Biden Administration ,
CFIUS ,
China ,
Consolidated Appropriations Act (CAA) ,
Executive Orders ,
Foreign Investment ,
National Security ,
Outbound Transactions ,
Russia ,
U.S. Commerce Department ,
U.S. Treasury
The International Investment and Trade in Services Survey Act ("IITSSA"), 22 USC § 3101 requires the Bureau of Economic Analysis (“BEA”) within the U.S. Department of Commerce to conduct a national survey of foreign direct...more
3/28/2023
/ BEA ,
Benchmarks ,
Bureau of Economic Analysis ,
Corporate Counsel ,
Filing Deadlines ,
Foreign Direct Investment ,
Foreign Investment ,
Reporting Requirements ,
Required Forms ,
Surveys ,
U.S. Commerce Department