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Possible International Trade Consequences of Further Escalation of Conflict in Ukraine

For months, the Biden administration and the governments of U.S. allies around the world have raised concerns about Russian actions in the region. In the same breath, those governments have warned of massive, coordinated...more

CBP Focus on Forced Labor in Malaysia and the Seafood Industry Continues with New WRO and Findings

On Friday, January 28, 2022, U.S. Customs and Border Protection (“CBP”) issued a Withhold Release Order (“WRO”) on disposable gloves produced in Malaysia by TY Industry Holdings Sdn Bhd (“YTY Group”), including YTY Industry...more

Biden Administration Focus on Cybercrime Continues with Israeli Companies Added to Entity List, New Export Controls, and...

On November 3, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added two Israeli entities to the Entity List due to malicious cyber activities. In its press release, BIS stated that the...more

OFAC Publishes New Guidance for the Virtual Currency Industry

The U.S Department of the Treasury’s Office of Foreign Assets Control (OFAC) has published guidance to aid members of the virtual currency industry (ranging from tech companies to brokers to users) in complying with OFAC...more

BIS Releases Statistics on Export Licenses to Huawei and SMIC Showing Majority of License Applications Were Approved

In response to a request from the ranking member of the House Foreign Affairs Committee, the Department of Commerce’s Bureau of Industry and Security (BIS) provided export license statistics related to Chinese firms Huawei...more

Department of Commerce Expands Export Controls Related to Certain Life Sciences Software

Effective October 5, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released a final rule applying export controls to software (a) designed for certain nucleic acid assemblers and synthesizers...more

Ransomware Payments – OFAC Updates its Advisory and Congress Gets Involved

Ransomware payments continue to be a focus of the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). As previously reported by Foley Hoag, on October 1, 2020, OFAC released an advisory regarding potential...more

Biden Administration Targets Chinese Solar Power Industry Over Human Rights Abuses

As predicted in our recent article in Power Magazine related to international trade risks facing the clean energy industry, the Biden administration took action against several Chinese companies involved in the solar power...more

First WRO of Biden Administration Targets Forced Labor on Chinese Fishing Fleet

On May 28, 2021, U.S. Customs and Border Protection (“CBP”) released the first Withhold-Release Order (“WRO”) of the Biden administration on seafood from Dalian Ocean Fishing Co., Ltd. (“Dalian”), a Chinese company, due to...more

Lessons to Learn for Global Software Providers from SAP Settlements of DOJ, BIS and OFAC Investigations Concerning Software...

Sales of your software are robust around the globe. You have a network of third-party resellers, distributors or implementation partners that are driving international growth. Your customers praise your efficient maintenance...more

Sanctions/Export Controls Trends in 2021

This is the second in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed SEC enforcement. Up next,...more

A Review of CBP Actions on Forced Labor in 2020 and Outlook for 2021

Withhold Release Orders (“WROs”) are a key part of Customs and Border Protection’s (“CBP”) efforts to enforce the Tariff Act, which prohibits the importation of merchandise mined, produced or manufactured, wholly or in part,...more

The Corporate Transparency Act: What We Know, What We Don’t, and What to do Next

On January 1, 2021, Congress overrode President Trump’s veto of the National Defense Authorization Act for Fiscal Year 2021 (the "NDAA"), enacting the legislation into law. The NDAA includes the Corporate Transparency Act...more

CBP Modifies WRO After Brazilian Co. Demonstrates Compliance with Forced Labor Regulations

On December 7, 2020, U.S. Customs and Border Protection (CBP) modified an existing Withhold Release Order (WRO) on bone black produced in Brazil by Bonechar Carvão Ativado do Brasil Ltda (Bonechar). As a result of this...more

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