On February 10, 2025, President Trump signed an Executive Order (E.O.) directing a shift in the enforcement of the Foreign Corrupt Practices Act (FCPA). The order effectively pauses new FCPA investigations and enforcement...more
2/13/2025
/ Anti-Corruption ,
China ,
Compliance ,
Corporate Counsel ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Trump Administration
On her first day in office, Attorney General Pamela Bondi issued a memorandum signaling a significant shift in the Department of Justice’s (DOJ) approach to Foreign Agents Registration Act (FARA) enforcement. The memorandum...more
2/10/2025
/ Biden Administration ,
China ,
Compliance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
Foreign Agents Registration Act (FARA) ,
Foreign Policy ,
Investigations ,
National Security ,
Proposed Rules ,
Regulatory Reform ,
Trump Administration
1. What? Tariff Rates and Legal Authority -
President Trump signed three executive orders imposing new tariffs against Canada, Mexico, and China, following through on prior campaign and post-inauguration promises. While...more
2/4/2025
/ Canada ,
China ,
Compliance ,
Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
National Security ,
Recordkeeping Requirements ,
Section 301 ,
Supply Chain ,
Tariffs
As President Trump begins his second term, the absence of tariffs among the more than 200 executive orders signed on his first day in office was a notable deviation from expectations. However, the President announced plans to...more
1/23/2025
/ Canada ,
Compliance ,
Corporate Counsel ,
Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
International Trade Commission (ITC) ,
Mexico ,
National Security ,
Section 301 ,
Tariff Act of 1930 ,
Tariffs ,
Trade Act of 1974 ,
Trade Expansion Act of 1962 ,
Trump Administration ,
US Trade Policies
President-elect Trump has indicated that he will immediately increase tariffs as to imports from multiple countries, most notably China, Mexico, and Canada. However, companies involved in international trade are closely...more
11/27/2024
/ Canada ,
China ,
Compliance ,
Customs and Border Protection ,
Export Administration Regulations (EAR) ,
Free Trade Agreements ,
Imports ,
Mexico ,
Section 301 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
With the goal of bolstering domestic U.S. manufacturers and supply chains, the Federal Government has announced revisions to the “Buy American” program that will pressure U.S. agencies and companies to work with domestic...more
11/13/2024
/ Buy American Act ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Foreign Trade Regulations ,
General Services Administration (GSA) ,
Infrastructure ,
Manufacturers ,
NASA ,
Procurement Guidelines ,
Proposed Regulation ,
Supply Chain ,
Waivers
On July 10, 2024, the U.S. Government narrowed the tariff exclusions on imports of certain steel and aluminum articles from Mexico, citing national security concerns. These measures effectively impose new tariffs aimed at...more
8/1/2024
/ Aluminum Sales ,
China ,
Enforcement ,
Export Controls ,
Foreign Trade Zones ,
Imports ,
Mexico ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Expansion Act of 1962 ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Shrouded within the supplemental emergency appropriations bill for Israel, Ukraine, and Taiwan, the 21st Century Peace through Strength Act passed by Congress and signed into law significantly increases the statute of...more
The recently announced sanctions by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) sent shockwaves through the Russian financial system, forcing the Moscow Exchange (MOEX) to halt trading of U.S....more
Against the backdrop of increasing international competition in the artificial intelligence (AI) space, the Enhancing National Frameworks for Overseas Critical Exports Act (the ENFORCE Act) was recently introduced in the U.S....more
6/26/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Machine Learning ,
National Security ,
Semiconductors ,
US State Departments
The U.S. Government recently announced the largest round of sanctions against the Russian Federation (Russia) since the invasion of Ukraine two years ago. This multi-agency effort enacted over 500 sanctions against foreign...more
3/7/2024
/ Bureau of Industry and Security (BIS) ,
Due Diligence ,
Economic Sanctions ,
EU ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Institutions ,
Military Conflict ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanction Violations ,
Supply Chain ,
UK ,
Ukraine
In recent memory, enforcement of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) regulations has been mostly limited and sporadic. But recently, the U.S. government is reviving and...more
1/22/2024
/ Acquisitions ,
Buyers ,
CFIUS ,
Compliance ,
Due Diligence ,
Enforcement ,
Executive Orders ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Infrastructure ,
Mergers ,
Sellers ,
U.S. Treasury
The much anticipated Executive Order (the “E.O.”) on outbound investments directed at the Chinese technology sector was finally released on August 9, 2023. Citing the “unusual and extraordinary threat to national security”...more
The Department of Commerce (the “Department”) expanded the first Notice of Funding Opportunity (“NOFO”) under the CHIPS Act incentive program, making upstream materials and manufacturing equipment suppliers critical to...more
United States international trade regulatory agencies have updated voluntary self-disclosure (“VSD”) policies and guidance in an effort to incentivize private sector companies and individuals to self-report violations of U.S....more
7/31/2023
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
False Statements ,
Foreign Agents Registration Act (FARA) ,
Incentives ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Self-Disclosure Requirements ,
Self-Reporting ,
U.S. Treasury
The Department of Commerce (the “Department”) announced the launch of the first Notice of Funding Opportunity (“NOFO”) under the CHIPS Act’s incentive program. This program aims to strengthen the U.S. semiconductor supply...more
3/7/2023
/ CFIUS ,
Compliance ,
Export Controls ,
False Claims Act (FCA) ,
Federal Grants ,
FOCI ,
Funding ,
Incentives ,
Loans ,
Manufacturers ,
Semiconductors ,
U.S. Commerce Department
With the ever-increasingly complex regulatory environment in the United States, ensuring corporate compliance is neither inexpensive nor easy. Given these difficulties, when the need to conduct an internal investigation...more
On October 20, 2022, the Committee on Foreign Investment in the United States (“CFIUS”) issued the “CFIUS Enforcement and Penalty Guidelines” (the “Guidelines”). These are the first-ever Guidelines issued by CFIUS which is a...more
In a highly anticipated speech, Deputy Attorney General Lisa O. Monaco delivered remarks outlining updates to the U.S. Department of Justice (“DOJ”) perspective on the Corporate Crime Enforcement policy. These updates are the...more
In a continued theme of increased enforcement of export controls, the Bureau of Industry and Security (“BIS”) of the U.S. Department of Commerce released a memorandum that announced a stricter Administrative Enforcement...more