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The Mergers & Acquisitions Review: US Trade Compliance Due Diligence 2024

In addition to a myriad of issues to consider during M&A transactions, parties should conduct due diligence related to US trade regulations and the often-related foreign investment regulations that arise in the context of an...more

Identities of Investment Fund Limited Partners in CFIUS Reviews

As deals increase in complexity, and ownership structures are oftentimes opaque and obfuscated, it is important to be mindful of CFIUS’s continued stance of requesting identities of Limited Partners (LPs) in transactions...more

Noteworthy FCPA Enforcement Developments

The Department of Justice really wants violators of the Foreign Corrupt Practices Act (FCPA) to come forward: following a January 2023 revision of its Corporate Enforcement Policy that incentivized voluntary self-disclosure,...more

BIS Tightens Export Control Enforcement

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) just issued a significant rule change that reshapes the landscape of export control enforcement. Published on September 16, 2024, the rule amends the...more

DDTC Speaks Out on Joint Ventures

The U.S. Department of State Directorate of Defense Trade Controls is the regulatory organization charged with administering the body of export laws known as the International Traffic in Arms Regulations (ITAR)...more

Treasury Releases CFIUS 2023 Annual Report

On July 23, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) released its annual report to Congress regarding the Committee’s national security reviews and investigations of certain...more

Forced Labor Due Diligence and Annual Reporting Requirements: Is Your Company in Compliance in Your Jurisdiction?

The use of forced labor, child labor, or modern slavery practices (collectively “forced labor”) in supply chains is not a new problem in the international trade world; however, many companies remain unaware of forced labor...more

China Section 301 Additional Tariffs

On May 22, 2024, the United States Trade Representative (“USTR”) announced the publication of a Federal Register Notice (“the FRN”) setting forth additional and increased Section 301 tariffs for specific Harmonized Tariff...more

U.S. Trade Representative Initiates Section 301 Investigation of China’s Attempts to Dominate Maritime Industries

On April 17, 2024, the United States Trade Representative (“USTR”) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 (“Section 301”) regarding China’s acts, policies, and practices to dominate the...more

Persistent Errors in the Export Classification of Software Products

Many companies, particularly Software-as-a-Service (“SaaS”) and start-up companies, continue to struggle with the concept of export control classification of items with encryption functionality. This ongoing confusion is...more

CBP Publishes EAPA Final Rule and Launches AD/CVD Evasion Statistics Tool

March 2024 was a busy month for U.S. Customs and Border Protection (“CBP” or “Customs”) with respect to the Enforce and Protect Act (“EAPA”) regulations related to the evasion of antidumping and countervailing duties...more

Less Bark and More Bite? CFIUS Proposed Rule Enhancing Enforcement Capabilities

A new proposed rule issued by the Committee on Foreign Investment in the United States (CFIUS) seeks to expand the scope of information that CFIUS can request from parties, expand its ability to monitor and investigate...more

DOJ Involvement in the Enforcement of Trade and National Security Laws

The U.S. agencies most well-known for their enforcement of U.S. trade and national security laws are the Bureau of Industry and Security (“BIS”), the Directorate of Defense Trade Controls (“DDTC”), the Office of Foreign...more

U.S. Government to Foreign Persons: Comply with Economic Sanctions and Export Control Laws

In a move that highlights the U.S. government’s ongoing fight against evasion of sanctions and export control laws, the Departments of the Treasury, Commerce, and Justice yesterday published yet another Tri-Seal Compliance...more

President Biden Announces Additional Sanctions and Export Controls on Russia

On February 23, 2024, on the brink of the two-year anniversary of Russia’s invasion of Ukraine, President Biden announced additional sanctions and export controls against Russia and entities in third countries that have...more

Trade Violations Under the False Claims Act

On February 7, the U.S. Department of Justice (DOJ) announced that settlements and judgements under the False Claims Act (FCA) exceeded $2 billion for the 2022 fiscal year. The 2022 fiscal year also had the second-highest...more

Trade Due Diligence in the Context of an IPO

Ensuring compliance with U.S. export controls, import regulations, and economic sanctions is common practice for companies that engage in international trade. These companies often have internal compliance policies and due...more

Customs Audits 101

U.S. Customs and Border Protection (“CBP” or “Customs”) is the U.S. agency tasked with addressing import compliance risks and evaluating internal compliance controls implemented by importing companies. Pursuant to 19 U.S.C. §...more

Should I File a Customs Prior Disclosure?

Many importers have experienced at one time or another that horrible, stomach-turning feeling that comes with the realization that merchandise they have been importing has been entered under the wrong HTS code, with the...more

What You Need to Know about 19 USC 1592

In 2022, Customs and Border Protection (“CBP” or “Customs”) processed $3.35 trillion in imports, issued 2,121 penalties, and collected $19.3 million from penalties and liquidated damages. Section 1592 of the Tariff Act of...more

BIS Releases New Rules Updating Restrictions on Advanced Computing Chips, Manufacturing Equipment, and Supercomputing Items to...

On October 17, 2023, the U.S. Department of Commerce Bureau of Industry & Security (“BIS”) released three rules amending the Export Administration Regulations (“EAR”) to strengthen export controls on advanced computing...more

BIS, DDTC, OFAC, and CBP Subpoenas and Requests for Information – Tips to Comply

Receiving an administrative subpoena, summons, or other request for information from a federal U.S. agency can be surprising, but it is not an uncommon scenario in the trade world. The main agencies in charge of administering...more

Understanding ITAR Mandatory Disclosures and the “Duty to Inform” DDTC

The discovery of actual or potential International Traffic in Arms Regulations (“ITAR”) violations presents the question of whether to disclose the conduct to the Department of State Directorate of Defense Trade Controls...more

Anti-Discrimination Concerns in Light of U.S. Export Control Compliance Requirements

In the United States export control laws and regulations require companies to receive export licenses prior to releasing any controlled items or technologies to non-U.S. persons. The process of determining what is controlled...more

Are My Products Subject to Anti-Dumping/Countervailing Duties?

Many importers will discover at some point that products they import may be subject to anti-dumping duties (“ADD”) or countervailing duties (“CVD”). With Washington’s continued aggressive approach toward unfair trade...more

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