The United States has strengthened economic sanctions and export controls targeting Russia, following through on commitments made at a G7 summit this month. The EU and UK also plan to substantially expand measures targeting...more
U.S. employers may find it confusing that hiring for certain roles can involve what seem to be competing compliance obligations. On one hand, the Immigration and Nationality Act makes it illegal for employers to make hiring...more
U.S. companies with foreign ownership face a June 30 deadline to respond to a survey of foreign investment in the United States. The U.S. government is conducting the 2022 Benchmark Survey of Foreign Direct Investment in the...more
On April 19, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) imposed a $300 million civil penalty on Seagate Technology LLC, a U.S. supplier of data-storage products. BIS found that...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
Effective February 5, 2023, a coalition of G7 countries, Australia, and the European Union have generally forbidden service providers to provide certain services relating to the maritime transport of certain Russia-origin...more
Effective December 5, 2022, a coalition of G7 countries, Australia, and the European Union have generally forbidden service providers to provide certain services relating to the maritime transport of Russia-origin crude oil...more
12/6/2022
/ Australia ,
Economic Sanctions ,
EU ,
Exports ,
G7 ,
General Licenses ,
Maritime Transport ,
Office of Financial Sanctions Implementation (OFSI) ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Oil Prices ,
Russia
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 President has issued the first executive order providing formal direction to the Committee on Foreign Investment in the United States (“CFIUS”) on the risks that it should consider in its examination of foreign investment...more
On August 9, 2022, President Biden signed into law the highly anticipated CHIPS Act of 2022 (the “CHIPS Act”). Presented as being crucial to ensuring U.S. leadership in global chip production and technical capability against...more
8/30/2022
/ Biden Administration ,
Executive Orders ,
Manufacturers ,
NDAA ,
Popular ,
Research and Development ,
Semiconductors ,
Supply Chain ,
Tax Credits ,
Technology Sector ,
U.S. Commerce Department
On August 22, the U.S. Department of Commerce (“Commerce”) postponed its preliminary determinations in the solar panel antidumping and countervailing duty (“AD/CVD”) circumvention proceeding by 90 days. The preliminary...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 June 6, 2022, the Biden Administration announced its intention to waive collection of antidumping (“AD”) and countervailing (“CVD”) duties on imports of crystalline silicon photovoltaic (“CSPV”) cells and modules from...more
As part of its continuing response to Russia’s ongoing hostilities in Ukraine, the United States recently imposed additional sanctions and export controls targeting Russia...more
This guidance does not constitute legal advice. To the extent that you have any questions arising out of the guidance, please speak to a member of the Orrick team who will be happy to assist. The invasion of Ukraine by...more
5/11/2022
/ Blocked Person ,
Blocking Sanctions ,
Economic Sanctions ,
EU ,
Foreign Bank Accounts ,
Foreign Investment ,
International Tax Issues ,
National Security ,
Russia ,
Technology Sector ,
UK
On May 2, the U.S. Department of Commerce issued a memorandum to update litigation parties on developments in the on-going solar cell and panel circumvention proceeding...more
The United States, the European Union and the United Kingdom recently imposed new Russia-related sanctions in response to Russia’s continued hostilities in Ukraine...more
The United States and its allies continue to ramp up pressure on Russia and Belarus in response to Russia’s continued hostilities in Ukraine. In this alert, we describe the latest export, import, and investment bans and...more
The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) has adjusted U.S. export controls in ways that dramatically limit unlicensed supply to Russia or Belarus of many types of software with encryption...more
Building on the “first tranche” of sanctions announced on February 22, 2022 described in our prior alert, the United States, the EU, the UK, and their allies have imposed (or announced the imposition of) additional...more
3/1/2022
/ Blocking Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Institutions ,
Financial Transactions ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SWIFT ,
Ukraine ,
Virtual Currency
In response to the Russian government’s recognition of the Donetsk and Luhansk People’s Republics of Ukraine (the “Covered Regions”) as states and deployment of Russian troops to the Covered Regions, the United States and its...more
On December 23, 2021, the President signed into law the Uyghur Forced Labor Prevention Act of 2021 (the “Uyghur Act”). The Uyghur Act, effective June 21, 2022, will strengthen the prohibition on U.S. imports of goods made...more
Every week, scores of U.S. companies are sold to foreign investors or execute equity financing transactions involving foreign investors. Parties to these transactions must assess whether they are legally required to file...more