Throughout 2023 and early 2024, we continue to witness deepening geopolitical and economic divides globally. The U.S. and its allies (most significantly the EU and the G7), spurred on by Russia’s war in Ukraine, continue to...more
5/8/2024
/ China ,
Department of Justice (DOJ) ,
EU ,
G7 ,
Geopolitical Risks ,
International Trade ,
Iran ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
Trade Relations ,
Ukraine
License Exception MED -
On April 25, 2024, the Department of Commerce’s Bureau of Industry and Security (“BIS”) announced a final rule for a new license exception for “medical devices” under § 740.23 of the EAR (“License...more
5/3/2024
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exporters ,
Exports ,
General Licenses ,
Licensing Rules ,
Medical Devices ,
Russia ,
Ukraine
On April 12, 2024, in coordination with the United Kingdom, the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued two new Determinations (collectively, the “Determinations”) that together prohibit...more
On April 10, 2024, U.S. Customs and Border Protection (“CBP”) issued a Withhold Release Order (“WRO”) on a Chinese company, Shanghai Select Safety Products Co., Ltd. (“Shanghai Select”) and its two subsidiaries, Select...more
4/22/2024
/ China ,
Customs and Border Protection ,
Goods or Services ,
Human Rights ,
Importers ,
Imports ,
Manufacturers ,
Supply Chain ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
This is the tenth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. Our previous post, "Health Care Fraud Enforcement in 2024," can be found here....more
4/18/2024
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
US Trade Policies ,
White Collar Crimes
On January 29, 2024, BIS proposed a rule that would impose new requirements for U.S. providers of Infrastructure as a Service (“IaaS”) products and their foreign resellers. The proposed rule would require U.S. IaaS providers...more
The U.S. Federal District Court for the District of Alabama (the “District Court”) ruled on March 1, 2024, that the Corporate Transparency Act (“CTA”) was unconstitutional. Presiding over the case was Judge Liles Burke, who...more
On February 23, 2024, the Biden administration announced more than 500 sanctions on individuals and entities inside the Russian Federation and entities outside of Russia determined to be supporting Russia’s war effort....more
Customs and Border Protection Impounds Thousands of Volkswagen Vehicles -
On February 14, 2024, it was reported that U.S. Customs and Border Protection (“CBP”) had impounded thousands of Volkswagen Group’s (“Volkswagen”)...more
What is the purpose of the Corporate Transparency Act (“CTA”)?
Effective as of January 1, 2024, the Corporate Transparency Act (“CTA”) imposed new federal reporting obligations on certain companies, including potentially...more
The Corporate Transparency Act (“CTA”) imposes on many companies (both domestic and foreign entities registered to do business in the U.S.) new federal reporting obligations including providing information on the beneficial...more
On December 22, 2023, President Biden issued a new Executive Order affecting foreign financial institutions and those importing certain goods into the U.S.
In addition, OFAC provided related new and revised FAQs, as well...more
The U.S. Congress has passed the Foreign Extortion Prevention Act (“FEPA”), as part of the National Defense Authorization Act for Fiscal Year 2024 (“NDAA”). On December 14, 2023, the measure was sent to President Biden, who...more
On November 29, 2023, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) announced that it was amending the beneficial ownership information (“BOI”) reporting rule (the “BOI Reporting Rule”) to...more
U.S. authorities have been active in November 2023, reinforcing and expanding sanctions targeting Russia's war effort in Ukraine. Multiple agencies added sanctions targeting entities involved in Russia's military supply...more
On October 12, 2023, the Department of the Treasury's Office of Foreign Assets Control (“OFAC”) published a Maritime Oil Industry Advisory (“Advisory”)—together with the so-called Price Cap Coalition (“Coalition”), consisting...more
On September 27, 2023, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued a Notice of Proposed Rulemaking (“NPRM”) to extend the deadline — from 30 days to 90 days — for domestic and foreign...more
As the standoff in Congress on the budget threatens to shut down vast swaths of the federal government, we write to remind clients about how a federal government shutdown would affect international trade and investment. The...more
10/2/2023
/ Appropriations Bill ,
Bureau of Industry and Security (BIS) ,
Census Bureau ,
CFIUS ,
Customs and Border Protection ,
Enforcement Actions ,
Federal Budget ,
Federal Funding ,
Government Shutdown ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
U.S. Commerce Department
On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
NDAA ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On July 26, 2023, the U.S. Department of Justice’s (“DOJ”) National Security Division (“NSD”), the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”), and the U.S. Department of the Treasury’s Office of...more
8/3/2023
/ Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Crimes ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Self-Disclosure Requirements ,
U.S. Commerce Department ,
U.S. Treasury ,
Voluntary Disclosure
On July 20, 2023, the Department of Treasury’s Office of Foreign Asset Control (“OFAC”) designated additional entities in order to further disrupt Russian access to military supplies and deprive the Russian government of...more
On July 16, 2023, Russian President Vladimir Putin signed a decree seizing control of the Russian subsidiaries of the French food-products company, Danone S.A., and Danish brewer, Carlsberg A/S, claiming the assets were being...more
On May 19, 2023, the United States along with other members of the G7 and other allied countries imposed additional sanctions and export controls meant to further restrict Russian economic activity and degrade Russia’s...more
6/5/2023
/ Aircraft ,
Belarus ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Exports ,
Financial Services Industry ,
Office of Foreign Assets Control (OFAC) ,
Research and Development ,
Russia ,
Technology Sector ,
Transportation Industry ,
U.S. Commerce Department ,
Ukraine ,
US Department of State ,
Vessels
On April 28, 2023, U.S. Attorney for the District of Massachusetts Rachel Rollins, joined by national and local federal enforcement officials from the Disruptive Technology Strike Force (DTSF), described the DTSF mission and...more
On April 6, 2023, Microsoft Corporation (“Microsoft”) agreed to pay $3.3 million to the Department of Commerce’s Bureau of Industry and Security (“BIS”) and the Department of the Treasury’s Office of Foreign Assets Control...more