In a coordinated effort, on March 2, 2022, the White House announced another round of broad trade controls and sanctions against Russia and now Belarus in response to Russia’s military invasion of Ukraine.
The White House...more
3/7/2022
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Export Controls ,
Foreign Direct Product Rule ,
Licenses ,
Military End Use ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
U.S. Commerce Department ,
Ukraine
On February 25 and 28, 2022, the US Treasury Department, Office of Foreign Assets Control (OFAC) issued its fifth and sixth actions against Russia, blocking the assets of President Vladimir Putin and three other high-ranking...more
What Are the New US Export Controls on Russia?
On February 24, 2022, the US Department of Commerce, Bureau of Industry and Security (BIS) imposed new export controls intended to restrict access to technologies and other...more
2/28/2022
/ Belarus ,
Bureau of Industry and Security (BIS) ,
ECCNs ,
Economic Sanctions ,
EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
CBP Adds Second Forced Labor Investigations Branch and DHS Publishes Timeline for Actions -
Importers should be prepared for increased forced labor actions (including new Withhold Release Orders and product import bans)...more
10/1/2021
/ Africa ,
Child Labor ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Due Diligence ,
Forced Labor ,
Importers ,
Latin America ,
Middle East ,
Supply Chain ,
Withhold Release Orders (WROs)
The subpoena issuance suggests that the Biden Administration will continue the US Government’s assertive approach to China.
The US Department of Commerce, on March 17, 2021, issued subpoenas on multiple Chinese companies...more
3/19/2021
/ Biden Administration ,
China ,
Executive Orders ,
Foreign Adversaries ,
Foreign Policy ,
Information and Communication Technology (ICT) ,
Interim Final Rules (IFR) ,
National Security ,
Supply Chain ,
Trump Administration ,
U.S. Commerce Department
Review Your Supply Chain and Establish Compliance Plans Because Forced Labor Laws are Here to Stay -
If passed, these bills will grant US Customs and Border Protection authority for a region-wide WRO enabling the agency...more
3/5/2021
/ China ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Enforcement Actions ,
Forced Labor ,
Global Magnitsky Act ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Proposed Legislation ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Tariff Act of 1930 ,
Withhold Release Orders (WROs)
The Information and Communications Technology and Services (ICTS) Rule, if implemented by the Biden Administration, would significantly impact companies that have an international nexus in a number of different sectors,...more
2/2/2021
/ Biden Administration ,
China ,
Cuba ,
Department of Homeland Security (DHS) ,
Digital Service Providers ,
Executive Orders ,
FCC ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Interim Final Rules (IFR) ,
Iran ,
National Intelligence Agencies ,
North Korea ,
Popular ,
Russia ,
Sensitive Personal Information ,
Software ,
Supply Chain ,
Telecommunications ,
Venezuela
Looking towards 2021 and a new Administration, Arent Fox's International Trade & Investment group has prepared a series of primers on six key areas that can impact your business: The Biden Transition, Special Tariffs,...more
Turning to the business of exports from the United States, the next section is a must-read for any company doing business in the United States or from the United States. Or for that matter, any company competing with affected...more
1/5/2021
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
CFIUS ,
China ,
Cuba ,
Dodd-Frank ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Hong Kong ,
Huawei ,
Human Rights ,
Information and Communication Technology (ICT) ,
Interim Rule ,
International Criminal Court ,
Iran ,
Iran Sanctions ,
Personal Data ,
Russia ,
Telecommunications ,
Turkey ,
U.S. Commerce Department ,
Venezuela
US tariffs are applied at the time of import and so the elevated role played by US Customs and Border Protection should not be underestimated. While the Customs section begins with the analysis “The Wait Is Over: USMCA Border...more
1/5/2021
/ Audits ,
Automotive Industry ,
C-TPAT ,
Certifications ,
China ,
Corporate Counsel ,
Customs and Border Protection ,
Enforcement Actions ,
EU ,
Federal Maritime Commission ,
Forced Labor ,
Free Trade Agreements ,
NAFTA ,
Tariffs ,
UK ,
United States-Mexico-Canada Agreement (USMCA) ,
Withhold Release Orders (WROs)
On December 18, President Trump signed into law the Holding Foreign Companies Accountable Act, which aims to increase oversight of Chinese companies listed on US stock exchanges and force the delisting of those that refuse to...more
The US Department of Commerce Bureau of Industry and Security (BIS) has proposed a new ECCN, 2D352 to control “software” that is capable of being used to operate nucleic acid assemblers and synthesizers due to concerns the...more
The US Government has taken action recently to step up enforcement against forced labor.
As particular regions come under increased media scrutiny, the issue has renewed interest in Congress, which is considering several...more
10/26/2020
/ Child Labor ,
China ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Forced Labor ,
International Emergency Economic Powers Act (IEEPA) ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Supply Chain ,
Tariff Act of 1930 ,
U.S. Treasury ,
US Department of State ,
Withhold Release Orders (WROs)
The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies.
As a refresher, CFIUS is the US Government’s...more
10/16/2020
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
FIRRMA ,
Foreign Investment ,
ITAR ,
NAICS ,
Personal Data ,
Proposed Regulation ,
U.S. Treasury ,
US Department of State
Target areas are telecom, information security, and sensor items that can be used for censorship, surveillance, detention, and use of force.
On October 6, 2020, the US Department of Commerce, Bureau of Industry and...more
BIS will be looking at items that are controlled only for anti-terrorism, crime control, short supply, United Nations embargoes, or designated as EAR99 in establishing new Foundational Technologies Controls.
Two years...more
8/28/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Embargo ,
Export Control Reform Act (ECRA) ,
Exports ,
FIRRMA ,
Interim Final Rules (IFR) ,
Military End Use ,
National Security ,
Rulemaking Process ,
United Nations
On August 17, 2020, the Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule (the Final Rule) (1) adding additional Huawei non-US affiliates to the Entity List, (2) confirming the expiration of...more
The new regulations prohibit government agencies from entering into, extending, or renewing a contract with contractors if they use any equipment, system, or service that uses certain Chinese telecommunications equipment or...more
8/14/2020
/ Breach of Contract ,
China ,
Compliance ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FIRRMA ,
Huawei ,
Interim Rule ,
National Security ,
NDAA ,
New Regulations ,
Public Safety ,
System For Award Management (SAM) ,
Telecommunications
President Trump signed an Executive Order (EO) (TikTok EO) August 6, 2020, banning “transactions” yet to be identified by the US Department of Commerce (Commerce) related to TikTok and its parent ByteDance Ltd.
Specifically,...more
8/12/2020
/ CFIUS ,
China ,
Data Collection ,
Executive Orders ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Social Media ,
TikTok ,
U.S. Commerce Department ,
U.S. Treasury
As the US technology competition with China continues to intensify, the Trump Administration has taken another step to tighten the screws on China.
In late June, the US Department of Defense (DoD) made public a list of 20...more
8/3/2020
/ China ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Due Diligence ,
Exports ,
FBI ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
NDAA ,
Pentagon ,
Trump Administration ,
U.S. Treasury
On Monday, June 29, the Departments of Commerce and State announced that they were following through with changes to treat Hong Kong like China for exports of military and dual-use goods.
The Department of Commerce announced...more
On Friday, May 15, 2020, the Department of Commerce and the Bureau of Industry and Security (BIS) revised an arcane export control rule that imposes US export controls on foreign-origin products (hardware, software, and...more
As the COVID-19 pandemic has expanded exponentially, so too has the demand by hospitals and other healthcare providers for masks and other medical personal protective equipment (PPE) to protect doctors, nurses, and other...more
5/14/2020
/ Azerbaijan ,
Cambodia ,
Coronavirus/COVID-19 ,
Export Bans ,
Export Controls ,
Exports ,
Medical Supplies ,
Personal Protective Equipment ,
Public Health Emergency ,
Rescission ,
Sri Lanka
As the COVID-19 pandemic has expanded exponentially, so too has the demand by hospitals and other healthcare providers for masks and other medical personal protective equipment (PPE) to protect doctors, nurses, and other...more
Recognizing that COVID-19 is further straining humanitarian needs in sanctioned countries and complicating compliance with economic sanctions, and perhaps also in response to reports that US sanctions are hindering COVID-19...more
4/28/2020
/ Coronavirus/COVID-19 ,
Cuba ,
Economic Sanctions ,
Executive Orders ,
FEMA ,
Humanitarian Assistance ,
Iran ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Secondary Sanctions ,
Syria ,
Ukraine ,
Venezuela