The Situation: Later this month, transactions in the information and communication technology and services ("ICTS") sector that involve designated "foreign adversaries" will be subject to review by the U.S. Department of...more
The Bureau of Industry and Security ("BIS") has established a "Military End-User" List ("MEU List"), adding an initial tranche of Chinese and Russian entities to the list.
On December 23, 2020, BIS issued a final rule...more
As part of the U.S. government response, the Department of the Treasury imposes sanctions on certain Burmese persons, and the Department of Commerce heightens export restrictions relating to Burma.
In response to the...more
The Development: China's Ministry of Commerce ("MOFCOM") released Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Laws and Other Measures ("Rules") on January 9, 2021. Effective immediately, the...more
The Situation: The United States federal government—including Congress, the Department of Labor, the Department of Homeland Security, and the Department of the Treasury—continues to ramp up efforts to address reports of...more
On November 12, 2020, President Trump issued an Executive Order titled "Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies," which will prohibit U.S. persons from participating...more
The Situation: Throughout the COVID-19 pandemic, the U.S. Securities and Exchange Commission's Office of Compliance Inspections and Examinations ("OCIE") has continued to operate via off-site examinations and remote working...more
The Situation: On August 7, 2020, the U.S. Department of the Treasury ("Treasury Department") took the first action under the authority of "The President's Executive Order on Hong Kong Normalization" ("HK Normalization EO")...more
The companies were added to the Entity List for aiding Chinese military construction in the South China Sea.
Effective August 27, 2020, the Department of Commerce, Bureau of Industry and Security ("BIS") amended the Export...more
The Situation: New COVID-19 testing technologies may provide for more reliable and less invasive options for use in COVID-19 screening programs by employers and others.
The Action: The U.S. Food and Drug Administration...more
The Situation: On July 14, 2020, President Trump signed into law the Hong Kong Autonomy Act (the "HKAA"), the U.S. government's response to China's new National Security Law for Hong Kong.
The Result: The HKAA could...more
7/24/2020
/ Blocking Sanctions ,
China ,
Export Controls ,
Foreign Financial Institutions (FFI) ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
Supply Chain ,
Trump Administration ,
U.S. Treasury ,
US State Departments ,
US Trade Policies
The Situation: The U.S. Department of the Treasury ("Treasury Department") recently issued proposed regulations that will alter and in some cases expand the scope of critical technology foreign investments subject to...more
6/23/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
ITAR ,
National Security ,
New Rules ,
Proposed Regulation ,
U.S. Treasury
The President issued an executive order directing agencies to address the economic impact of COVID-19 by eliminating regulations, providing reopening guidance to businesses, and recognizing that regulatory compliance can be...more
The Situation: On April 28, 2020, the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") published two final rules as well as one proposed rule amending the Export Administration Regulations ("EAR") to...more
Interested parties may apply until June 25, 2020, regardless of whether the product is already subject to a separate exclusion request that is pending or has previously been denied.
As part of the U.S. government's ongoing...more
The Coronavirus Aid, Relief, and Economic Security ("CARES") Act is a sweeping bipartisan measure that provides relief to small and large businesses, the health care sector, and individuals and families. This massive...more
The Situation: As the outbreak of the novel coronavirus disease (COVID-19) continues, telemedicine platforms are ideally situated to coordinate care and minimize exposure, while advancing access to care.
The Action:...more
The novel coronavirus (COVID-19) outbreak, first identified in Wuhan, China, has spread beyond China's borders to dozens of countries, infecting tens of thousands of people and causing a mounting number of fatalities. In...more
3/9/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Force Majeure Clause ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Publicly-Traded Companies ,
Risk Management ,
Transportation Industry ,
Traveling Employee ,
Workplace Safety
The Situation: A U.S. District Court vacated a $2 million penalty imposed by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") against Exxon Mobil Corporation ("Exxon") because OFAC failed to...more
2/20/2020
/ Due Process ,
Executive Orders ,
Exxon Mobil ,
Fair Notice ,
Fifth Amendment ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agenda ,
Sanction Violations ,
SDN List ,
Trump Administration ,
Vacated
The Situation: The Trump administration announced new tariffs on imports of certain derivative, or "downstream," steel and aluminum articles with exemptions for certain countries. These tariffs are in addition to the existing...more
2/12/2020
/ Aluminum Sales ,
Imports ,
National Security ,
Presidential Proclamations ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
The Situation: The U.S. Department of the Treasury ("Treasury Department") released final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"), which, among other things, effectuate...more
1/29/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
FIRRMA ,
Foreign Governments ,
Foreign Investment ,
NAICS ,
National Security ,
Personal Data ,
Principal Place of Business ,
U.S. Treasury
The Situation: The Trump administration announced a new round of sanctions on January 10, 2020, following escalating tensions between the United States and Iran.
The Result: The new sanctions complement existing sanctions...more
1/21/2020
/ Economic Sanctions ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
Goods or Services ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trump Administration
The Situation: The U.S. government is revisiting whether to maintain or impose up to 100% additional tariffs on certain goods originating in the European Union following the World Trade Organization's ("WTO") recent findings...more
12/16/2019
/ Aircraft ,
Aircraft Financing ,
Comment Period ,
EU ,
International Arbitration ,
Investigations ,
Public Comment ,
Public Hearing ,
Retaliatory Tariffs ,
Section 301 ,
Tariffs ,
Trade Relations ,
USTR ,
WTO
The Situation: The Office of the United States Trade Representative ("USTR") determined that France's digital services tax ("DST") unreasonably burdens or restricts U.S. commerce, particularly U.S. technology...more
12/13/2019
/ Comment Period ,
Digital Services ,
Digital Taxes ,
France ,
Government Investigations ,
International Trade Commission (ITC) ,
Public Comment ,
Public Hearing ,
Section 301 ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
The Situation: Recent reports indicate that the United States and China may soon reach an initial, limited trade deal that could involve the United States phasing out some existing tariffs on Chinese-origin goods while...more
11/25/2019
/ China ,
Imports ,
Requests for Exclusion ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trade Retaliation ,
Trade Wars ,
Trump Administration ,
US Trade Policies ,
USTR