China Publishes Regulations on Unreliable Entity List

On September 19, 2020, the Ministry of Commerce of the People’s Republic of China (the MOFCOM) published the Regulations on Unreliable Entity List (Regulations), which became effective the same day.

Following its first announcement on May 31, 2019, the unreliable entities list (UEL) has attracted the attention the Chinese and non-Chinese media alike. Numerous questions were raised about the UEL’s implication and implementation. The Regulations attempt to address these questions. The MOFCOM has yet to name any unreliable entity. Continue Reading

US Accessibility to WeChat and TikTok in Danger of Being Eliminated

Women use mobile application software on smartphone phone .

**Updated on September 22, 2020**

Pursuant to Executive Orders 13942 and 13943, the US Department of Commerce (Commerce)
published regulations identifying prohibited transactions related to TikTok and WeChat by any person, or
with respect to any property, subject to the jurisdiction of the United States.

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Trump Officials to Probe Produce Imports, Raising the Risk for More Tariffs in 2020

Mixed berries

On September 1, the Office of the US Trade Representative, working with the Departments of Commerce (DOC) and of Agriculture (USDA), announced a number of actions aimed at supporting domestic producers of seasonal/perishable produce.  Their plans – which include new trade actions targeting certain fruit and vegetable imports – could have widespread impacts on produce prices and in how the US government responds to allegations of unfair subsidies supporting foreign-grown fruits and vegetables. Continue Reading

Missing Due Process in the EU FDI Screening Framework: A Purposeful Policy Choice or Cost of Compromise?

European Union flags in front of the blurred European Parliament in Brussels, BelgiumA complimentary invitation for the European Society of International Law (ESIL), Economic Law Interest Group’s online workshop, “International Economic Law between Emergencies and Reforms” for September 9, 2020 from 9:30-17:00 CEST is enclosed. Continue Reading

US-EU-UK Export Controls and Sanctions Update

United States and Europe flagsThe latest edition of our transatlantic export controls and sanctions update is available. In this publication, we look at the shifting regulatory framework for international trade compliance on both sides of the Atlantic.

In this issue, we cover: Continue Reading

Increase in Section 337 Complaints

patent and related words

After a steady, but typical number of Section 337 complaints filed in the first half of 2020, the U.S. International Trade Commission (ITC) saw a dramatic increase in July. Twelve new complaints were filed, representing the second largest number of complaints ever filed in one month.

Our colleague Adam Hess explains the reason behind this trend in the Global IP & Technology Law Blog here. Despite issues surrounding the COVID-19 crisis and uncertain economic times, the ITC continues to be a forum of choice for patent owners and the increased activity in July demonstrates that patent owners continue to have confidence in the ITC as an effective forum in which to assert their patent rights.

Available for a Limited Time – Watch: The Evolution of Export Controls

If you missed the Content Enablers Compliance 2020: Trade Compliance and Emerging Policy conference, July 23-24, 2020, we are making George Grammas’ presentation, “The Evolution of Export Controls: Setting the Stage” available until August 22, 2020.

George’s presentation covers:

  • The globalization of US national security and foreign policy: The Entity List, The Unverified List, sanctions, and other levers
  • The development of emerging and foundational technology controls and new mandatory CFIUS filings

Continue Reading

It’s August in an Election Year – No Rest for the Trump Administration on Trade Actions

World map with logistic network distribution on background. Logistic and transport concept in front Logistics Industrial Container Cargo freight ship for Concept of fast or instant shipping, Online goods orders worldwideDespite the Congressional recess and continued focus on COVID-19 economic relief, Trump officials announced several major trade actions over the last week that could impact global trade and supply chains.  Here is a quick round-up of recent developments and what may be coming next. Continue Reading

TikTok and WeChat Targeted by Latest Trump Administration Executive Orders

On August 6, 2020, President Donald Trump signed two Executive Orders (EOs) targeting the TikTok and WeChat applications and their parent companies. Specifically, President Trump invoked the International Emergency Economic Powers Act (IEEPA) and other related statutes, as well as the national emergency he previously declared under these laws in Executive Order 13873 (Securing the Information and Communications Technology and Services Supply Chain of May 15, 2019), to prohibit transactions by US persons that will be specified by the Commerce Department in 45 days. Continue Reading

Imports From Hong Kong May Soon Face Section 301 Tariffs

On Tuesday, August 11, U.S. Customs and Border Protection (“CBP”) is scheduled to publish a notice in the Federal Register that could end the ability of manufacturers based in the Hong Kong Special Administrative Region (“Hong Kong”) of the People’s Republic of China (“China”) to avoid the tariffs imposed on Chinese products by the Trump Administration. Continue Reading