President Trump issued a memorandum (“Memorandum”) directing his Administration to take several actions related to the investigation by the Office of U.S. Trade Representative (“USTR”) into China’s acts, policies, and...more
Pursuant to President’s Trump’s March 8, 2018 proclamations issued under authority of Section 232 of the Trade Expansion Act of 1962, added customs tariffs on imports of a wide variety of steel and aluminum imports from all...more
On March 8, 2018, President Trump signed proclamations authorizing the imposition of a 25 percent customs duty on certain steel products and a 10 percent customs duty on certain aluminum products. The duties were imposed...more
No, the Committee on Foreign Investment in the United States has not put a halt to acquisitions of U.S. companies by China-based purchasers.
Three recently cleared transactions illustrate that CFIUS is not standing in the...more
2/13/2018
/ Acquisitions ,
CFIUS ,
China ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Foreign Investment ,
Hong Kong Stock Exchange ,
Manufacturers ,
Mergers ,
National Security ,
Proposed Legislation ,
Publicly-Traded Companies ,
Risk Assessment ,
Subsidiaries ,
Trump Administration
On January 12, 2018, President Trump issued a statement on the status of the Joint Comprehensive Plan of Action (“Iran nuclear deal”) and the Office of Foreign Assets Control designated 14 individuals and entities in...more
Further to our alert published on November 13, 2017 regarding whether acts, policies, and practices (“APPs”) of China related to transfer of technology, intellectual property, and innovation are actionable under Section...more
On November 22, 2017, Apple, Inc. (“Apple”) released a statement confirming reports that its major supplier in China, Foxconn Technology Group (“Foxconn”) has used illegal student labor to assemble the latest version of the...more
12/5/2017
/ Apple ,
China ,
Customs and Border Protection ,
Economic Sanctions ,
Forced Labor ,
Imports ,
iPhone ,
Manufacturers ,
North Korea ,
Supply Chain ,
Tariff Act of 1930 ,
Trade Facilitation and Trade Enforcement Act
On November 8, 2017, members of the U.S. House and Senate introduced companion legislation that would update the Committee on Foreign Investment in the U.S. (“CFIUS”) and the national security review process. The bill,...more
Following President Trump’s trip to Asia, sanctions policies for North Korea continue to evolve. The U.S. government has strengthened sanctions through legislation and Presidential Executive Orders. Further, it is enforcing...more
As President Trump visits China, U.S. is investigating a longstanding issue in bilateral relationship—technology transfer/intellectual property requirements—that has potential implications for trade.
U.S. business and...more
11/13/2017
/ Acquisitions ,
Anti-Monopoly ,
Bilateral Agreements ,
China ,
Confidential Business Information (CBI) ,
Cross-Border Transactions ,
Cybersecurity ,
Exports ,
Foreign Investment ,
Imports ,
Intellectual Property Protection ,
Licensing Rules ,
Mergers ,
Popular ,
Public Comment ,
Section 301 ,
Semiconductors ,
Source Code ,
Trade Act of 1974 ,
Trade Deficit ,
Trade Policy ,
Trump Administration ,
Unfair or Deceptive Trade Practices ,
USTR ,
WTO
On November 8, 2017, the Department of Treasury’s Office of Foreign Assets Control (“OFAC”) and the Department of Commerce’s Bureau of Industry and Security (“BIS”) announced amendments to the Cuban Assets Control Regulations...more
This week, the U.S. government took several steps to implement sections of the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA), with implications for Russia-related sanctions and their enforcement. On...more
Effective October 12, 2017, the Sudanese Sanctions Regulations (SSR) have been revoked in recognition of the Government of Sudan’s (GOS) sustained positive actions in stopping conflict and improving humanitarian access in...more
President Trump issued an Executive Order prohibiting the proposed acquisition of Lattice Semiconductor (Lattice) by a Chinese consortium known as Canyon Bridge. Lattice is a semiconductor company primarily manufacturing...more
Today, President Trump issued an Executive Order (E.O.) providing for sanctions against the Government of Venezuela. The sanctions are structured similar to existing sectoral sanctions on the Russian petroleum sector and...more
Recent public reports indicate Senate Chuck Schumer (D-NY), the Senate Democratic Leader, has authored a letter to President Trump requesting the President order the Committee on Foreign Investment in the United States...more
On July 11, 2017, the President issued an Executive Order (E.O.) extending the review period for the possible permanent revocation of sanctions on Sudan for an additional three months.
On January 13, 2017, then-President...more
The expanding influx of foreign investments in U.S. real estate has drawn the attention of three key U.S. Senators amid national security concerns. Senators Ron Wyden (D-OR), ranking member of the Senate Finance Committee;...more
As the Trump Administration continues to examine its trade relationship with China, legislators in Congress are looking to modernize the Committee on Foreign Investment in the United States (CFIUS) review process in order to...more
On June 16, 2017, President Trump issued a National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba, which begins a process to alter some aspects of U.S. policy towards Cuba, but...more
Questions continue to swirl around the future of U.S.-Cuba policy as recent reports of a Trump Administration plan to strengthen Cuba sanctions surfaced over the weekend. These reports should be assessed against the backdrop...more
On April 18, 2017, President Trump signed the “Presidential Executive Order on Buy American and Hire American.” While there is no immediate impact, the Executive Order (“EO”) sets the stage for executive agencies to perform...more
On April 19, 2017, the Department of Commerce (DOC), through its Bureau of Industry and Security, self-initiated an investigation into the effects that steel imports may be having on U.S. national security interests. The...more
On January 27, 2017, the Commerce Department’s Bureau of Industry and Security (BIS) recently made two significant changes to the Export Administration Regulations (EAR) concerning India that will facilitate the export of...more
On February 8, 2017, the U.S. Department of Justice (DOJ) released a list of important topics and sample questions that the Criminal Division’s Fraud Section has frequently found relevant in evaluating the adequacy of a...more
3/10/2017
/ Compliance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Ethics ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Internal Reporting ,
Policies and Procedures ,
Risk Assessment ,
Tone At The Top ,
Yates Memorandum