Two days before its scheduled effective date, the Department of Commerce’s Bureau of Industry and Security (BIS) announced the rescission of the Biden administration’s Artificial Intelligence (AI) Diffusion Rule on May 13....more
The Notice also proposes new tariffs on Chinese origin ship-to-shore (STS) cranes and cranes and parts containing Chinese components. Interested parties may submit comments in response to these proposed measures before May...more
Between March 4, 2025, and March 6, 2025, U.S. trade policy in North America changed course multiple times as the Trump administration initially implemented previously paused tariffs on imports from Canada and Mexico, and two...more
3/11/2025
/ Canada ,
China ,
Duties ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
Retaliation ,
Tariffs ,
Trade Policy ,
Trade Wars ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
On February 10, 2025, President Trump issued two Presidential Proclamations reimposing and expanding tariffs on all steel and aluminum imports into the United States pursuant to Section 232 of the Trade Adjustment Act of...more
2/14/2025
/ China ,
Imports ,
International Trade ,
National Security ,
Section 232 ,
Supply Chain ,
Tariffs ,
Trade Policy ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
After months of anticipation, on February 1, 2025, President Trump announced the imposition of significant tariffs on Mexico, Canada, and China through three Executive Orders (EOs). While additional details are expected to be...more
2/2/2025
/ Canada ,
China ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Mexico ,
National Security ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
WTO
Broad Tariff Increases Could Reshape Global Trade: The aggressive use of tariffs could create significant trade disruptions for businesses dependent on global supply chains, and pair novel use of authorities with existing...more
11/25/2024
/ Artificial Intelligence ,
CFIUS ,
China ,
Cuba ,
Dual Use Goods ,
Economic Sanctions ,
Export Controls ,
FIRRMA ,
Forced Labor ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Iran ,
Jurisdiction ,
Middle East ,
Popular ,
Russia ,
Section 301 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Trade Act of 1974 ,
Trade Expansion Act of 1962 ,
United States-Mexico-Canada Agreement (USMCA) ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Venezuela
An Initial Roundup of Key Policy Issues and Expectations
The re-election of Donald Trump—empowered by at least a Republican-led Senate—marks a significant political and administrative change in the United States, with...more
11/8/2024
/ Affordable Care Act ,
China ,
Congressional Review Act ,
Corporate Counsel ,
Cryptocurrency ,
Deregulation ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Federal Budget ,
Foreign Investment ,
Foreign Policy ,
Immigration Procedures ,
Inflation Reduction Act (IRA) ,
Iran ,
Israel ,
Russia ,
Saudi Arabia ,
Securities and Exchange Commission (SEC) ,
Tariffs ,
Tax Cuts and Jobs Act ,
Trade Policy ,
Ukraine
The Final Rule formalizes a new governmental system to monitor through a notification process and, when necessary, restrict investments in China that may be viewed as a national security risk.
The regulations have broad...more
11/8/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Brownfield Properties ,
Bureau of Industry and Security (BIS) ,
China ,
Final Rules ,
Greenfield Projects ,
Investment ,
Joint Venture ,
Limited Partnerships ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Notifications ,
Popular ,
Risk Management ,
SDN List ,
Semiconductors ,
U.S. Treasury
On September 13, 2024 USTR announced modifications to the tariffs originally imposed under Section 301 of the Trade Act of 1974 to pressure China to eliminate unreasonable policies and practices related to technology transfer...more
9/23/2024
/ Batteries ,
China ,
Electric Vehicles ,
Imports ,
Section 301 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
The outbound investment program will affect U.S. persons considering certain investments or other transactions involving China and specific industry sectors (e.g., semiconductors, artificial intelligence and quantum...more
7/16/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Covered Entities ,
Covered Transactions ,
Foreign Investment ,
Investment ,
Limited Partnerships ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Prohibited Transactions ,
Proposed Regulation ,
U.S. Treasury
On March 29, 2024, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) issued an interim final rule (“2024 IFR”) clarifying and correcting its October 2023 interim final rules on advanced...more
4/9/2024
/ Bureau of Industry and Security (BIS) ,
China ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Final Rules (IFR) ,
Manufacturers ,
National Security ,
Semiconductors ,
Supply Chain
This past year saw a continued trend in building supply chain resiliency, as this topic has grown increasingly important following Covid-19, the conflict in Ukraine, shifting landscape on tariffs, forced labor concerns and a...more
2/23/2024
/ China ,
Customs and Border Protection ,
Export Controls ,
Forced Labor ,
Foreign Adversaries ,
Imports ,
National Security ,
Section 301 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Uyghur Forced Labor Prevention Act (UFLPA)
During 2023 both Congress and the Biden Administration repeatedly expressed the need to secure critical supply chains, particularly batteries that rely heavily on lithium and critical minerals sourced from China. Concerns...more
1/31/2024
/ Batteries ,
China ,
Entity List ,
Exports ,
Forced Labor ,
Human Rights ,
Imports ,
Inflation Reduction Act (IRA) ,
National Security ,
Supply Chain ,
Tax Credits ,
Uyghur Forced Labor Prevention Act (UFLPA)
Secretary Raimondo announced that the United States will not be compromising with China on “matters of national security” in response to calls to reconsider the recent Executive Order directing the Department of Treasury to...more
9/22/2023
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Executive Orders ,
Export Controls ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
NDAA ,
Russia ,
Semiconductors ,
U.S. Treasury
United States: The Administration and Congress are taking initial steps to produce legislation to regulate AI and using interim measures, such as the White House’s recently announced voluntary agreement with seven prominent...more
8/14/2023
/ Artificial Intelligence ,
China ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
EU ,
Machine Learning ,
New Guidance ,
New Regulations ,
OECD ,
OSTP ,
Personal Information ,
UK
If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China.
The regulations may be established by an executive order,...more
7/27/2023
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Corporate Counsel ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
International Trade ,
Investment ,
NDAA ,
Outbound Transactions ,
Semiconductors
The EU’s new Joint Communication on a European Economic Security Strategy proposes a methodology for an EU economic security risk assessment and identifies measures to mitigate these risks. The Strategy is noteworthy because...more
The proposed rule tightens restrictions on activities by “affiliates” and clarifies scope of statutory clawbacks.
The Department of Commerce released a proposed rule imposing guardrails preventing the “improper use of...more
4/3/2023
/ China ,
Clawbacks ,
FCC ,
Foreign Entities ,
Investment ,
Manufacturers ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Semiconductors ,
U.S. Commerce Department
On October 7, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule (the “Rule”) imposing sweeping new export controls targeting certain advanced computing integrated...more
In passing the Anti-Foreign Sanctions Law, China creates the most wide-ranging legal tool to counter sanctions imposed by the U.S., the European Union and other foreign countries.
All entities and individuals (including...more
E.O. 14032 signals that the Biden Administration will continue to restrict U.S. investments into China’s defense and surveillance technology sectors.
The prior Administration’s November 2020 Executive Order (E.O.) 13959...more
Following the new Export Control Law of China that encourages all exporters to establish an internal compliance program, China’s Ministry of Commerce (MOFCOM) has published guidelines for the internal compliance programs of...more
5/13/2021
/ Audits ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Contingency Plans ,
Enforcement Actions ,
Export Controls ,
MOFCOM ,
New Guidance ,
Policy Statement ,
Risk Assessment ,
Training
On January 13, 2021, U.S. Customs and Border Protection (CBP) issued a withhold-release order (WRO) on all cotton and tomato products from China’s Xinjiang Uyghur Autonomous Region (XUAR) based on information that reasonably...more
On December 21, the Bureau of Industry and Security (BIS) published a Military End User (MEU) list to further implement the military end user/end use (MEU) rule defined in Section 744.21 of the Export Administration...more
On November 12, 2020, President Trump issued an Executive Order (E.O.) prohibiting U.S. persons from engaging in any transaction (defined as a “purchase for value”) of publicly traded securities, or transacting in financial...more