On April 16, 2025, the Department of Commerce announced that it initiated an investigation on April 1, 2025, under Section 232 of the Trade Expansion Act, into imports of semiconductors, semiconductor manufacturing equipment...more
4/17/2025
/ Bureau of Industry and Security (BIS) ,
Customs ,
Foreign Trade Regulations ,
Imports ,
Investigations ,
National Security ,
Regulatory Requirements ,
Section 232 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Technology Sector ,
Trade Policy ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
WTO
The wine industry faced significant challenges due to tariffs imposed by President Trump’s first administration. During the presidential campaign, and since his election on November 5, 2024, President Trump has made it clear...more
Grants and tax credits, who doesn’t love them? The Bipartisan Infrastructure Law (BIL) is full of them, and, recent Department of Energy (DOE) Notification of a Proposed Interpretive Rule provides guidance on who will get to...more
1/15/2024
/ Automated Transportation ,
Batteries ,
Clean Energy ,
Department of Energy (DOE) ,
Electric Vehicles ,
Energy Sector ,
Foreign Entities ,
Manufacturers ,
Office of Foreign Assets Control (OFAC) ,
Proposed Rules ,
Renewable Energy ,
SDN List ,
Supply Chain
On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more
8/14/2023
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Investment ,
National Security ,
Outbound Transactions ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector
On June 23, 2023, the EU released its 11th package of sanctions on Russia. This package is designed to improve enforcement with new anti-circumvention rules, new trade restrictions, and new designations. The...more
6/26/2023
/ Asset Freeze ,
Crude Oil ,
Economic Sanctions ,
EU ,
Export Controls ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
SDN List ,
Supply Chain ,
UK ,
Ukraine
As you may have heard here (and here and here), in October 2022, the United States issued sweeping measures aimed at the semiconductor industry in China. The new regulations restrict the export of semiconductors and related...more
12/21/2022
/ Bureau of Industry and Security (BIS) ,
China ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Japan ,
Microchip Technology ,
Netherlands ,
New Regulations ,
Semiconductors ,
Supply Chain ,
WTO
On September 15, President Biden signed the first-ever Executive Order (E.O.) on CFIUS – the Committee on Foreign Investment in the United States. While the E.O. does not substantively change CFIUS’s jurisdiction or the legal...more
The U.S. photovoltaic (PV) industry, solar module suppliers, manufacturers, and renewable energy developers are facing new regulatory challenges with the implementation of new legislation which has a significant impact on...more
6/29/2022
/ China ,
Clean Energy ,
Cross Border Privacy Rules (CBPR) ,
Energy Sector ,
Forced Labor ,
Importers ,
Imports ,
Manufacturers ,
Photovoltaic ,
Renewable Energy ,
Solar Energy ,
Solar Panels ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
The United States is engaging in a new form of warfare. Russia invaded Ukraine just over two months ago and, rather than join the fight directly by sending troops to defend Ukraine, the United States is fighting indirectly by...more
4/29/2022
/ Biden Administration ,
Economic Sanctions ,
Embargo ,
Executive Orders ,
Export Controls ,
Federal Contractors ,
Federal Procurement Systems ,
Russia ,
State Action Doctrine ,
Supply Chain ,
Ukraine
Last week, the United States government imposed additional restrictions on the imports from, and exports to, Russia. The import changes stem from the Suspending Normal Trade Relations with Russia and Belarus Act, signed into...more
4/14/2022
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Imports ,
Russia ,
Supply Chain ,
Trade Relations ,
Trade Restrictions ,
Ukraine
If your company is like many, your board of directors may be demanding that you put more effort into environmental, social, and governance issues, which have become known by the now-ubiquitous acronym “ESG.” Those demands...more
10/11/2021
/ Board of Directors ,
Customs ,
Customs and Border Protection ,
Environmental Social & Governance (ESG) ,
Ethical Standards ,
Exports ,
Forced Labor ,
Imports ,
International Trade ,
Sanctions ,
Supply Chain ,
Trade Policy
This is the first of three articles on the Solar Industry and Forced Labor. Here we focus on regulation. Articles in the coming weeks will focus on issues facing importers and their suppliers, and on investors and their...more
7/26/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Clean Energy ,
Customs ,
Customs and Border Protection ,
Economic Sanctions ,
Enforcement ,
Forced Labor ,
Solar Energy ,
Supply Chain ,
Supply Contracts ,
Withhold Release Orders (WROs)
The Silica Products WRO -
On June 24, the White House announced the first strike against forced labor in the solar equipment manufacturing industry. Customs and Border Protection (CBP) issued a Withhold Release Order (WRO)...more
On June 10, 2021, China enacted the Anti-Foreign Sanctions Law (“AFSL”), aimed at punishing countries that impose anti-China sanctions and the companies that comply with those sanctions. The law is effective immediately, and...more
A June 3, 2021 Executive Order (see our post here) designated 59 Chinese companies in which U.S. companies are prohibited from buying or selling securities. According to the Biden administration, those companies “threaten the...more
6/11/2021
/ Biden Administration ,
China ,
Compliance ,
Executive Orders ,
Foreign Investment ,
Geopolitical Risks ,
Investment Funds ,
Manufacturers ,
Securities ,
Startups ,
Supply Chain
Key Takeaways:
• Threatened 25% tariffs on French luxury goods are suspended.
• USTR is still looking at tariffs in retaliation for taxes on U.S. global tech companies.
• Biden’s new USTR will face immense pressure to...more
1/28/2021
/ Biden Administration ,
Customs ,
Duties ,
EU ,
Exports ,
France ,
Germany ,
Imports ,
IRS ,
Luxury Goods ,
Section 301 ,
Spain ,
Supply Chain ,
Tariffs ,
Tax Rates ,
Trump Administration ,
UK ,
USTR
On December 2, 2019, the U.S. Trade Representative (USTR) announced that in response to a digital services tax law passed in France, it would be retaliating with stringent tariffs on luxury products coming from France. The...more
2/7/2020
/ Digital Services Tax ,
EU ,
Federal Register ,
Foreign Relations ,
France ,
Imports ,
Luxury Goods ,
OECD ,
Retail Market ,
Stream of Commerce ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
TTIP ,
Unduly Burdensome ,
US Trade Policies ,
USTR ,
Wine & Alcohol
The U.S. Department of Commerce is considering tightening export controls in two major ways. The changes are aimed at choking off supplies to Huawei, but the move could impact a wide range of commercial transactions for all...more
12/19/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Huawei ,
Manufacturers ,
National Security ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
On May 16, 2019, a sweeping U.S. export control rule went into effect that will impact the U.S. tech industry, but may also create an outsized risk for non-U.S. manufacturers. The rule, issued by the U.S. Department of...more
5/22/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
Huawei ,
Manufacturers ,
National Security ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
Introduction -
Our “trends for 2018” are only a selection of interesting developments to watch for in 2018.
Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given...more
1/24/2018
/ Athletes ,
Automated Transportation ,
Base Erosion Tax ,
Bid Rigging ,
Big Data ,
Carbon Emissions ,
CFIUS ,
Competition ,
Competition Authorities ,
Data Protection ,
E-Commerce ,
Electric Vehicles ,
Enforcement Actions ,
EU ,
European Commission ,
European Parliament ,
Foreign Direct Investment ,
GDP ,
General Data Protection Regulation (GDPR) ,
Geo-Blocking ,
Innovation ,
Legislative Agendas ,
Manufacturers ,
Merger Controls ,
Multinationals ,
NAFTA ,
Olympics ,
Online Distribution ,
Proposed Regulation ,
Sports ,
State Aid ,
Supply Chain ,
Tax Evasion ,
Technology Sector ,
Transportation Industry ,
TTIP ,
WTO