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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 … Continue Reading

Huawei Update: August 2020

Notable Developments The United States House of Representatives and Senate have released text of their versions of the FY2021 National Defense Authorization Act (H.R. 6395 and S. 4049, respectively). The Huawei-related provisions are summarized below. House Huawei provisions: Sense of Congress affirming Section 889 of the FY19 NDAA, which concerns federal procurement of Huawei equipment, … Continue Reading

Does Digital Service Tax Matter To You? New Section 301 Investigation – Comment Period Now Open

On June 2, the Office of the US Trade Representative (USTR) announced that it would be initiating new Section 301 investigations examining digital services taxes (DSTs) adopted or under consideration by Austria, Brazil, the Czech Republic, the European Union, India, Indonesia, Italy, Spain, Turkey and the United Kingdom.  USTR is requesting comments to inform their … Continue Reading

President Trump Takes Stance on China, Hong Kong – Takeaways From the Presidential Announcement

On Friday, May 29, President Trump announced several actions related to China and Hong Kong. The President’s delivered remarks and what was left unsaid were equally instructive. While we are still waiting on details for some of these actions, below is an overview of the President’s announcement.… Continue Reading

CFIUS Clearance: Huatai Securities, AssetMark Financial Holdings and WBI OBS Financial

Status:  Clearance Acquirer:  Huatai Securities Co., Ltd. (China); AssetMark Financial Holdings, Inc., (US) Acquired:  WBI OBS Financial, LLC (US) Value:  US$18.4 million Industry:  Financial Services On September 30, 2019, AssetMark Financial Holdings, Inc. (NYSE: AMK), a “provider of extensive wealth management and technology solutions that power independent financial advisers and their clients,” (AssetMark Financial Holdings, Inc., … Continue Reading

New From BIS: Changes to EAR Direct Product Rule to Tighten Supply Chain for Certain Designated Entity List Organizations

A new Interim Final Rule (New Rule) issued by the US Department of Commerce’s Bureau of Industry and Security (BIS), which amended the Export Administration Regulations (EAR) (15 CFR Parts 730-774) by expanding the direct product rule as applied to certain organizations on the entity list took effect on May 15, 2020. The New Rule, … Continue Reading

BIS Sunsets License Exception (CIV) for Civil End Uses in Countries in Group D:1

On April 28, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule amending the Export Administration Regulations (EAR) (15 CFR, subchapter C, parts 730-774) by removing License Exception Civil End Users (CIV) (§ 740.5), which authorized the unlicensed export, reexport, and transfer (in-country) of … Continue Reading

BIS Expands Export, Reexport and Transfer (In-Country) Controls for Military End Use or Military End Users in China, Russia or Venezuela

On April 28, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule amending the Export Administration Regulations (EAR), 15 CFR parts 730-774. This new rule critically expands the licensing requirements for exports, reexports and transfers (in-country) of items subject to the EAR in three … Continue Reading

CFIUS Clearance: Tonghao Information Technology, and UTStarcom Holdings Corp.

Status:  Clearance Acquirer:             Tonghao Information Technology (Shanghai) Co., Ltd. (China) Acquired:            UTStarcom Holdings Corp. (Cayman Islands) Value:                   Approx. US$49.2 Million Industry:             Telecommunications… Continue Reading

Upcoming/New CFIUS Filing: ProSiebenSat.1 Media SE; General Atlantic Coöperatief U.A. and The Meet Group, Inc.

Status:  Upcoming/New Filing Acquirer:  ProSiebenSat.1 Media SE (Germany) and General Atlantic Coöperatief U.A. (The Netherlands) Acquired:  The Meet Group, Inc. (US) Value:   $500 million (Approx.) Industry:  Software; Information Services… Continue Reading

Free For All, or All For One? The Medical Supply Chain and COVID-19

This post is being published for The Trade Practitioner as part of a content partnership with our Global Supply Chain Law Blog. Please contact Kristina Arianina and Ketan M. Ganase with any questions.  The impact of the COVID-19 pandemic on the global economy needs not restating. The saying “desperate times call for desperate measures” fits the current … Continue Reading

COVID-19 Coronavirus – UK Competition Law: May The Force Be With You?

This blog post is being published for The Trade Practitioner as part of a content partnership with our Competition – Antitrust Practice. Please contact Dickie Chan and Nicola Elam with any questions. Today, the UK government announced that “supermarkets [are] to join forces to feed the nation” as the COVID-19 coronavirus outbreak continues to surge. Competition … Continue Reading

Coronavirus and Trade – US and EU Travel Bans

On March 11, 2020, President Trump announced via a nationally televised address that effective from 11:59 p.m. EDT, March 13, 2020, he would suspend or limit travel into the US from foreign nationals who have recently been in certain European countries in an effort to curtail the person-to-person transmission of the COVID-19 coronavirus in the … Continue Reading
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