The U.S. Department of the Treasury (Treasury) published a notice to the public on Dec. 8, 2021, that it is commencing a mandatory survey of foreign securities ownership beginning Dec. 31, 2021. The survey is mandatory for...more
The Office of the U.S. Trade Representative (USTR) published a Notice in the Federal Register on Nov. 16, 2021, extending product exclusions for COVID-19-related products covered by USTR's Section 301 investigation into...more
11/18/2021
/ China ,
Coronavirus/COVID-19 ,
Exclusions ,
Imports ,
International Harmonization ,
Medical Devices ,
Public Comment ,
Section 301 ,
Tariffs ,
Time Extensions ,
US Trade Policies ,
USTR
The Office of the U.S. Trade Representative (USTR) has published a Federal Register notice seeking public comments on whether to reinstate 549 previously extended tariff exclusions. If reinstated, exclusions will apply...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
- Non-Fungible Tokens and Intellectual Property Law: Key Considerations...more
9/2/2021
/ Commercial Leases ,
Controlled Foreign Corporations ,
Cryptocurrency ,
Cybersecurity ,
Digital Assets ,
Disclosure Requirements ,
Enforcement Actions ,
Foreign Investment ,
General Services Administration (GSA) ,
Intellectual Property Protection ,
Irrevocable Trusts ,
National Security ,
Non-Fungible Tokens (NFTs) ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Tax Planning
The General Services Administration (GSA) amended the General Services Administration Acquisition Regulations (GSAR) via an interim rule (Rule) – effective June 30, 2021 – to incorporate disclosure obligations of foreign...more
8/2/2021
/ CFIUS ,
Commercial Leases ,
Department of Defense (DOD) ,
Disclosure Requirements ,
Foreign Ownership ,
General Services Administration (GSA) ,
GSAR ,
Interim Rule ,
Lease Financing ,
National Security ,
NDAA ,
Public Comment ,
Real Estate Transactions
U.S. Customs and Border Protection (CBP) on June 24, 2021, issued a Withhold Release Order (WRO) on silica-based products produced by Hoshine Silicon Industry Co. Ltd. (Hoshine) and its subsidiaries. Hoshine makes...more
6/30/2021
/ China ,
Customs and Border Protection ,
Forced Labor ,
Importers ,
Imports ,
International Trade ,
Manufacturers ,
Silica ,
Solar Panels ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
Withhold Release Orders (WROs)
The U.S. Department of Commerce (Commerce) recently announced its "apparent" need for public comment on key aspects of a mechanism that would license or preclear certain information and communications technology and services...more
4/26/2021
/ China ,
Comment Period ,
Cuba ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Interim Rule ,
Iran ,
Licensing Rules ,
North Korea ,
Public Comment ,
Russia ,
Technology Sector ,
U.S. Commerce Department ,
Venezuela
Back in May 2019, the Trump Administration issued Executive Order 13873, which was meant to police the use of certain information and communications technology and services (ICTS) purchased from "foreign adversaries." Then,...more
4/26/2021
/ China ,
Critical Infrastructure Sectors ,
Cuba ,
Digital Communications ,
Foreign Adversaries ,
Imports ,
Information Technology ,
Interim Rule ,
Investigations ,
Iran ,
North Korea ,
Russia ,
Surveillance ,
Technology ,
Telecommunications ,
U.S. Commerce Department ,
Venezuela
The U.S. Department of Commerce Bureau of Industry and Security (BIS) published a final rule on Jan. 19, 2021, amending the Export Administration Regulations (EAR) to implement the rescission of Sudan's designation as a State...more
President Joe Biden signed an Executive Order on Jan. 25, 2021, "Ensuring the Future is Made in All of America by All of America's Workers" (E.O.), aimed at strengthening Buy American provisions. The E.O. was one of a number...more
The U.S. Department of Commerce Bureau of Industry and Security (BIS) on Dec. 23, 2020, amended the Export Administration Regulations (EAR) to remove Hong Kong as a separate destination listed in the EAR....more
The U.S. Court of International Trade's (CIT) docket is brimming these days, all thanks to importers who have initiated more than 3,500 actions to date challenging the Trump Administration's use of Section 301 of the Trade...more
A lawsuit filed with the U.S. Court of International Trade (CIT) on Sept. 10, 2020, seeks to upend the Trump Administration's authority to levy and collect certain of the tariffs imposed under Section 301 of the Trade Act of...more
In struggling to address the evolving COVID-19 pandemic, the United States and many other countries continue to face major shortages of Personal Protective Equipment (PPE), such as N95 masks, gowns and other vital materials...more
8/3/2020
/ Bank Secrecy Act ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FinCEN ,
Fraud ,
Imports ,
Medical Devices ,
Medical Supplies ,
Personal Protective Equipment ,
Price Gouging ,
Scams ,
Supply Chain
President Donald Trump on June 4, 2020, issued the Presidential Memorandum on Protecting United States Investors from Significant Risks from Chinese Companies. It directs the President's Working Group on Financial Markets...more
U.S. Customs and Border Protection (CBP) on July 15, 2020, imposed a Withhold Release Order (WRO) – often referred to as a Detention Order – on imports of disposable medical gloves made by Top Glove Sdn Bhd and TG Medical Sdn...more
The U.S. Department of Defense (DoD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) released a prepublication version of an interim final rule that will bar contractors from...more
After 26 and a half years, the North American Free Trade Agreement (NAFTA) has practically ceased to exist as of July 1, 2020, and has been replaced by United States-Mexico-Canada Agreement (USMCA). Because many of NAFTA's...more
President Donald Trump signed Executive Order 139201 on May 1, 2020, declaring a national emergency in order to secure the nation's bulk-power system. The president's order explains that such systems are threatened by foreign...more
5/7/2020
/ China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Energy (DOE) ,
Energy Sector ,
Executive Orders ,
Government Investigations ,
National Security ,
Power Grid ,
Russia ,
Section 232 ,
U.S. Commerce Department
The Office of the U.S. Trade Representative (USTR) has issued a call for comments regarding the possible removal of Section 301 tariffs for medical-care products from China. The request for comments on the easing of Section...more
In accordance with the text of the United States-Mexico-Canada Agreement (USMCA), once all parties have notified each other in writing of the completion of their internal procedures required for the entry into force of the...more
The COVID-19 crisis has revealed the extent to which the United States and other countries are dependent upon a well-functioning global supply chain of critical medical supplies, including ventilators and Personal Protective...more
The Federal Emergency Management Agency (FEMA) on April 8, 2020, released an advance copy of a temporary rule banning exportation of five types of Personal Protective Equipment (PPE) from the United States without its...more
There have been several recent developments in trade disputes involving the Trump Administration and the European Union (EU), including an increase by the U.S. Trade Representative in tariffs on new Airbus aircraft and...more
3/5/2020
/ Airbus ,
Aircraft ,
Boeing ,
Digital Services Tax ,
EU ,
European Commission ,
France ,
OECD ,
Retaliatory Tariffs ,
Tax Avoidance ,
Technology Sector ,
Trade Negotiations ,
Trade Retaliation ,
Trump Administration ,
USTR ,
World Economic Forum ,
WTO
The Bureau of Economic Analysis (BEA), an agency of the U.S. Department of Commerce, published 10 notices on Jan. 27, 2020, regarding annual and quarterly surveys that track various types of foreign investment into the United...more
2/26/2020
/ Airlines ,
Bureau of Economic Analysis ,
Data Collection ,
Financial Services Industry ,
Foreign Direct Investment ,
Foreign Investment ,
Insurance Industry ,
Intellectual Property Protection ,
Ocean Transportation System ,
Reporting Requirements ,
Surveys ,
U.S. Commerce Department