An update to our ongoing insights into the Trump administration’s broad tariffs on imports from Canada, Mexico and China. On April 2, 2025, President Trump unveiled a new so-called “reciprocal” tariff regime. The...more
An update to our ongoing insights into the Trump administration’s broad tariffs on imports from Canada, Mexico and China, plus targeted tariffs on key commodities and processed products worldwide. Until at least April 2, it...more
An update to our previous alert on new tariffs on Mexican and Canadian imports. Yesterday, as announced in several early February Executive Orders, the U.S. government imposed new duties on most imports from Canada and...more
On February 21, 2025, a Presidential Memorandum, “America First Investment Policy” (the “Memorandum”), announced planned changes to the Committee on Foreign Investment in the United States (“CFIUS”) and outbound investment...more
The United States has announced, subject to reported suspensions with the two countries, 25% duties on most imports from Canada and Mexico, as well as 10% duties on most imports from China. These duties build on existing...more
The Department of Justice has finalized prohibitions and restrictions on cross-border transfers of certain data to China and other “Countries of Concern” (as defined below). It seeks to address what is, in the U.S....more
1/21/2025
/ Artificial Intelligence ,
China ,
Cuba ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
National Security ,
Personal Data ,
Russia
China has issued the Regulation on Export Control of Dual-Use Items (the “Regulation”), which will take effect on December 1, 2024. The Regulation aims to provide clearer guidance for export control authorities’ law...more
On October 28, 2024, the U.S. Department of the Treasury issued its final outbound investment rule, which implements Executive Order 14105, prohibiting certain outbound investments by U.S. persons in Chinese and China-related...more
The U.S. Department of the Treasury proposed regulations on June 21, 2024, that would prohibit certain outbound investments by U.S. persons in Chinese companies focused on semiconductors and microelectronics, quantum...more
In light of Russia’s invasion of Ukraine and intensifying strategic competition with China, the U.S. government is prioritizing enforcement of export controls and economic sanctions in unprecedented ways. We expect higher...more
On December 2, 2022, the U.S. Department of Commerce (“Commerce”) issued preliminary affirmative determinations of circumvention with respect to crystalline silicon photovoltaic (“CSPV”) cells and modules exported to the...more
12/6/2022
/ Anti-Dumping Duty ,
Cambodia ,
China ,
Countervailing Duties ,
Exporters ,
Imports ,
Malaysia ,
Plastic Solar Cells ,
Solar Panels ,
Tariffs ,
Thailand ,
U.S. Commerce Department ,
US Trade Policies ,
Vietnam ,
Waivers
Welcome to the Orrick Guide to Foreign Investment Reviews. This guide answers frequently asked questions regarding investment control regimes in various jurisdictions. It has been prepared by the experts in our offices...more
On October 7, 2022, the U.S. Commerce Department’s Bureau of Industry Security (“BIS”) released new export control regulations (the “New Regulations”) that intensify and complicate U.S. and non-U.S. companies’ international...more
The Uyghur Forced Labor Prevention Act (the “Uyghur Act”) came into effect on June 21, 2022. As we described previously, the Uyghur Act establishes a rebuttable presumption that goods mined, produced, or manufactured, in...more
On December 18, 2020, the Bureau of Industry and Security (“BIS”) announced the addition of 77 new entities, including Semiconductor Manufacturing International Corporation (“SMIC”), to the Entity List. ...more
2/12/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Licensing Rules ,
Military End Use ,
National Security ,
Regulatory Requirements ,
Semiconductors
In response to a U.S. government consensus that trade with China involves grave national security risks, the Trump Administration promulgated a broad series of China-directed export controls, economic sanctions and import...more
1/28/2021
/ Biden Administration ,
Blocking Statutes ,
China ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Human Rights ,
Infrastructure ,
Military End Use ,
Regulatory Reform ,
US Trade Policies
On January 5, 2021, President Trump issued Executive Order 13971 (the “Executive Order”) that provides for prohibitions on U.S. persons engaging in transactions with persons that develop or control any of the following eight...more
1/11/2021
/ China ,
Data Collection ,
Executive Orders ,
Foreign Policy ,
Mobile Apps ,
National Security ,
Personal Data ,
Popular ,
Prohibited Transactions ,
Social Media ,
Software ,
Trump Administration
Late last week, a Magistrate Judge for the U.S. District Court for the Northern District of California issued an order granting a motion for a nationwide preliminary injunction forbidding implementation of sanctions against...more
9/21/2020
/ China ,
Data Collection ,
Economic Sanctions ,
Executive Orders ,
First Amendment ,
Mobile Apps ,
National Security ,
Preliminary Injunctions ,
Social Media ,
TikTok ,
Trump Administration
Last week, the Department of Commerce took steps to implement sanctions targeting China’s mobile applications WeChat, owned by Tencent Holdings Ltd. (“WeChat Sanctions”), and TikTok, owned by ByteDance Ltd. (“ByteDance”)...more
The U.S. government is expanding international trade restraints against Huawei Technologies Co. Ltd. (“Huawei”) and its affiliates in an effort to further restrict Huawei’s access to U.S. technologies.....more
8/20/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Cybersecurity ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Adversaries ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Telecommunications ,
Trump Administration
As noted in our recent alert, President Trump signed into law the Hong Kong Autonomy Act (“HKAA”) on July 14, 2020. On the same day, the President also issued an Executive Order on Hong Kong Normalization (the “Executive...more
Yesterday, after unanimous passage by the U.S. Congress, President Trump signed into law the Hong Kong Autonomy Act (“HKAA”) in retaliation against China for it's “Law on Safeguarding National Security in the Hong Kong...more
It has been an active last week in the world of the Committee on Foreign Investment in the United States (“CFIUS”). In addition to CFIUS’s publication of proposed regulations that would impose filing fees for parties’...more
Congress has agreed upon two pieces of legislation soon to be signed by the President that will provide for a major expansion in the (i) screening by the Committee on Foreign Investment in the United States ("CFIUS") of...more
8/6/2018
/ CFIUS ,
China ,
Corporate Counsel ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Export Control Reform (ECR) ,
Exports ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Foreign Policy ,
Investment Funds ,
Jurisdiction ,
Licenses ,
National Security ,
Pending Legislation ,
Popular ,
Screening Procedures ,
Technology Sector ,
Technology Transfer Agreements ,
Trump Administration
On April 3, the Office of the United States Trade Representative ("USTR") identified hundreds of Chinese products against which it proposes to impose 25 percent import duties under Sections 301 and 304 of the Trade Act of...more
4/6/2018
/ Aluminum Sales ,
China ,
Imports ,
Section 232 ,
Section 301 ,
Steel Industry ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR ,
WTO