California's new Digital Financial Asset Law ("DFAL") will impose a variety of regulatory requirements on digital asset companies and cryptocurrency exchanges. Governor Newsom is expected to sign the DFAL into law, and new...more
On September 15, 2022, President Biden issued an EO "elaborating and expanding" upon the factors CFIUS must consider as part of its national security review process. Although the EO does not change the formal CFIUS process or...more
On September 6, 2022, the U.S. Department of Commerce ("Commerce") released its implementation strategy for the Creating Helpful Incentives to Produce Semiconductors ("CHIPS") for America Fund, outlining how Commerce will...more
In Short -
The Situation: In early August 2022, the Department of the Treasury's Committee on Foreign Investment in the United States ("CFIUS" or "the Committee") released its new annual report. ...more
The Uyghur Forced Labor Prevention Act ("UFLPA" or the "Act") imposes new obligations on companies producing or sourcing goods from the Xinjiang Uyghur Autonomous Region of the People's Republic of China ("Xinjiang"). The key...more
7/14/2022
/ Biden Administration ,
China ,
Customs and Border Protection ,
Forced Labor ,
Goods or Services ,
Human Rights ,
Imports ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
As a response to the Russian invasion of Ukraine starting in late February 2022, Australia, the European Union, Japan, the United Kingdom, the United States, and many other countries have progressively imposed increasingly...more
On December 23, 2021, President Biden signed the Uyghur Forced Labor Prevention Act ("UFLPA" or the "Act") into law. The Act creates a rebuttable presumption that "any goods, wares, articles, and merchandise mined, produced,...more
4/28/2022
/ China ,
Customs and Border Protection ,
Enforcement Actions ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Rebuttable Presumptions ,
Supply Chain ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
Court orders agency to provide better explanation for List 3 and List 4A by June 30, 2022.
On April 1, 2022, a three-judge panel of the U.S. Court of International Trade issued an opinion in a test case for more than...more
While our inboxes are flooded on a daily basis with news about how the pandemic has created supply chain and commodities issues, global organizations must think about more than just near-term issues. Although the pandemic...more
2/28/2022
/ Antitrust Provisions ,
Automotive Industry ,
Environmental Social & Governance (ESG) ,
Goods or Services ,
Manufacturers ,
Motor Vehicles ,
Regulatory Standards ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
US Trade Policies
Australia's Existing Autonomous Sanctions Regime -
Australia's existing autonomous sanctions regime is set out in the Autonomous Sanctions Act 2011 (Cth) ("Act")....more
On February 3, 2022, Senators Joshua Hawley (R) and Kirsten Gillibrand (D) introduced a bill aimed at preventing the use of forced labor in corporate supply chains by requiring certain publicly traded companies to perform...more
2/17/2022
/ Child Labor ,
Cooperative Compliance Regime ,
Corporate Social Responsibility ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Slavery ,
Supply Chain
In 2018, the FCC deregulated broadband internet access service, repealed its 2015 net neutrality rules, and specified that these actions were intended to preempt state net neutrality laws. On appeal, the D.C. Circuit upheld...more
2/7/2022
/ Biden Administration ,
Broadband ,
FCC ,
Infrastructure ,
Internet ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Open Internet Rules ,
Preemption ,
Public Utility ,
Telecommunications
The Office of the United States Trade Representative ("USTR") is seeking comments on the possible reinstatement of Section 301 tariff exclusions on 549 Chinese-origin products. The Office of the United States Trade...more
10/29/2021
/ China ,
Comment Period ,
Exclusions ,
Imports ,
International Harmonization ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
Regulations will mandate more robust customer identity verification procedures and special measures to combat malicious cyber activities.
On September 24, 2021, the Department of Commerce ("Commerce") published an Advance...more
The U.S. Treasury Department has issued an updated ransomware advisory that highlights sanctions risks associated with ransomware payments and details proactive steps companies can take to mitigate these risks....more
The Situation: As part of a series of recent executive actions regarding the People's Republic of China ("PRC"), President Biden issued a new executive order on June 3, 2021—Executive Order 14032—that refines novel sanctions...more
6/30/2021
/ Biden Administration ,
China ,
Defense Sector ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
Investment ,
National Security ,
Prohibited Transactions ,
Securities Transactions ,
Supply Chain
President Biden's Executive Orders on China underscore the need for experienced counsel in U.S.-China transactions as the two countries' relations continue to impact the regulatory landscape. On June 9, 2021, President Biden...more
6/30/2021
/ Biden Administration ,
Blocking Statutes ,
China ,
Executive Orders ,
Foreign Adversaries ,
Foreign Policy ,
Foreign Relations ,
Mobile Apps ,
National Security ,
Software ,
Supply Chain ,
TikTok ,
Trade Retaliation ,
US Trade Policies
These targeted restrictions present a pressing need for U.S. solar and electronics companies to evaluate their supply chain for critical inputs and monitor subsequent U.S. Customs Border Patrol ("CBP") forced labor...more
6/29/2021
/ Biden Administration ,
China ,
Customs and Border Protection ,
Electronics ,
Entity List ,
Exports ,
Forced Labor ,
Imports ,
Silica ,
Solar Energy ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies
The Development: China's National People's Congress passed the Anti-foreign Sanctions Law (the "Anti-Sanctions Law") on June 10, 2021, which took effect immediately. The legislation was adopted by China in response to certain...more
The risk of detention or seizure of products imported into the United States warrants renewed attention to responsible business practices on forced labor risk in global supply chains.
United States Customs and Border...more
Executive Order directs whole-of-government approach and broad regulatory effort.
On May 20, 2021, President Biden issued an Executive Order ("Order") directing agencies to analyze and mitigate "climate-related financial...more
The Situation: On April 15, 2021, the United States issued a new executive order and related directive imposing additional sanctions on Russia that target dealings in Russian sovereign debt, the technology and defense sectors...more
The Situation: The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC.
The Issue: Net neutrality raises First Amendment...more
The U.S. Department of Commerce’s Bureau of Industry and Security ("BIS") recently revised the Export Administration Regulations ("EAR") to, among other things, modify reporting and self-classification requirements for...more
Renewed government focus on imported products made with forced or indentured labor warrants attention to global supply chains best practices.
On March 29, 2021, United States Customs and Border Protection ("CBP") announced...more