This summary helps to navigate the various retaliation actions China has taken in the past 50 days after President Trump took office on January 20, 2025, to counter the US trade restrictions, including (i) imposing additional tariff on certain US origin products, (ii) adding 12 US companies to the Unreliable Entity List, (iii) control of export of certain precious minerals, (iv) adding 15 US companies to the export control related Controlled Party List and (v) launching anti-circumvention investigation against US fiber optic products.
DOJ’S False Claims Act Based Civil Cyber-Fraud Initiative in 2024
The US Department of Justice’s Civil Cyber-Fraud (CCF) Initiative employs the powerful False Claims Act (FCA), with two recent FCA settlements under the CCF Initiative indicating scrutiny on cybersecurity compliance to combat emerging cyber threats. Whether the CCF Initiative continues in current form, it nonetheless underscores the importance for contractors, subcontractors, grantees, and other forms of funding that have agreements with the government to pay close attention to the cybersecurity requirements of such agreements.
Check out the full post on our Global Investigations & Compliance Review blog.
The EU Suspends Certain Sanctions on Syria to Support Economic Stabilisation, Political Transition and Reconstruction
To help the Syrian people achieve a peaceful and inclusive political transition, to aid the swift economic recovery and reconstruction of the country and to facilitate its eventual reincorporation into the global financial system, the EU has suspended with immediate effect a number of sanctions and restrictive measures that had targeted key sectors of the Syrian economy, including its banking, energy and transport sectors.
The EU’s Foremost Economic Retaliation Device – The Anti-Coercion Instrument
Under the leadership of President Trump, the US has adopted a new trade policy that may lead to the adoption of trade measures on imports from the EU. Given the importance of the US/EU trade relationship and the EU’s stated commitment to a free trade environment, the EU has said that it will adopt measures in response to such a US policy. During the election campaign, President Trump spoke of tariffs to re-balance the US economy and replace some tax revenue (i.e. new tariffs as a permanent feature of the trading landscape). The EU’s response may be calibrated according to the purpose of tariffs applied by the US Administration.
In this blog post, we provide an insight into the functioning of perhaps the most assertive (yet so far unused) trade instrument at the EU’s disposal to retaliate, the EU Anti-Coercion Instrument (ACI, available here).
Final Rule Implementing ICTS Supply Chain Executive Order 13873 In Effect
On May 15, 2019, President Trump issued Executive Order 13873 – Securing the Information and Communications Technology and Services Supply Chain (“EO” or “EO 13873”). After taking comments on a proposed implementing rule, the Department of Commerce (“DOC” or “Secretary”), on the very eve of the Biden Administration taking office, issued an Interim Final Rule implementing the EO and establishing procedures for its review of transactions involving information and communications technology and services (ICTS) designed, developed, manufactured or supplied by persons owned by, controlled by or subject to the jurisdiction or direction of a “foreign adversary” that may pose undue or unacceptable risk to the US or US persons. The DOC also sought further comments on the Interim Final Rule.
Bipartisan Push to Strengthen American Supply Chains
Members of Congress have demonstrated an early bipartisan interest in continuing to promote US supply chain resilience, highlighting an avenue for bipartisanship in the foreign policy agenda of the new Trump Administration. Sen. Marsha Blackburn (R-Tennessee) has partnered with Democratic colleagues on the reintroduction of two pieces of legislation focused on supply chain resilience.
Check out the full post on our Global Supply Chain Law blog.
UPDATE: US DOL Order Directing Departments to Cease Enforcement of Affirmative Action Requirements of EO 11246
US government contractors should be aware that following President Trump’s January 21 Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” on January 24, acting U.S. Department of Labor (DOL) Secretary Vincent Micone issued an agency Order instructing DOL employees to cease and desist “all investigative and enforcement activity” under Executive Order 11246 (Equal Employment Opportunity). The Secretary said the DOL “no longer has any authority” under the rescinded order and further stated that the order applies to “all DOL employees, including the OFCCP, OALJ, and ARB.”
Check out the full post on our Employment Law Worldview blog.
New Antidumping and Countervailing Duty Petitions on Temporary Steel Fencing from China
On January 14, 2025, ZND US Inc (Petitioner or ZND), domestic producer of temporary steel fencing, filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) and countervailing duties (CVD) on temporary steel fencing from China. Such structures include fencing for construction sites, security perimeters, events, and animal kennels. The scope does not include permanent steel fencing.
EU Publishes Regulation Banning Products Made With Forced Labour
On 12 December 2024, the Forced Labour Regulation (FLR) was published prohibiting products made with forced labour on the EU market. This is the definitive and legally binding version of the FLR.
As detailed in an earlier client insight, the prohibition on products made with forced labour, as set out in the FLR, and the resulting obligations and associated checks and enforcement, will only enter into force on 14 December 2027. Nevertheless, some provisions requiring EU Member States and the European Commission (EC) to prepare the framework for the application and enforcement of the FLR are already in force (e.g. in relation to the designation of competent authorities or the creation of forced labour databases). Companies operating in the EU would be well advised to begin surveying potential risks in their supply chains and establishing their own internal compliance programs.
Once the FLR fully enters into force, it will prohibit economic operators (meaning any natural or legal person, or association thereof) from placing or making available products made using forced labour on the EU market (including distance sales). It will also prohibit them from exporting such products from the EU.
New Antidumping and Countervailing Duty Petitions on Active Anode Materials from China
On December 17, 2024, American Active Anode Material Producers, a trade association consisting of domestic manufacturers of certain active anode materials, filed petitions with the US Department of Commerce (DOC) and the US International Trade Commission (ITC) seeking the imposition of antidumping (AD) and countervailing duties (CVD) on imports of such materials from China. The proposed tariffs could result in significant cost increases for electric vehicle (EV) production, as the active anode materials make up a substantial portion of battery costs, and may raise questions as to the availability of US domestic supply to meet domestic EV production needs.
