On July 14, 2021, the Uyghur Forced Labor Prevention Act (UFLPA) was passed unanimously by the US Senate. It now moves to the House, where it is expected to pass easily – a previous version of the bill passed 406-3 in September 2020. The UFLPA reverses the previously applied burden of proof, creating a presumption … Continue Reading
Status: Clearance Acquirer: OMERS Infrastructure Management Inc. (Canada) Acquired: FS Saguaro, LLC, certain assets, and the Development Business of First Solar, Inc. (US) Value: US$261 million Industry: Energy… Continue Reading
Status: Clearance Acquirer: Clairvest Group Inc. (Canada) Acquired: O&M business of First Solar, Inc. (US) Value: US$213 million Industry: Energy… Continue Reading
For the past 13 years, we have jointly hosted a successful annual workshop series on US export controls regulations with EGADD. In celebration of its 14th anniversary, this September’s workshop will take place immediately after DSEI 2021. This year’s event will also be organized in close partnership with BAE Systems, a major, multinational company that … Continue Reading
A new blog post by our colleague Ludmilla Kasulke examines a recent challenge against a Section 307 detention in federal court in the face of rising enforcement actions by the US Customs and Border Protection (CBP) that prohibit the importation of goods made with forced, indentured, or prison labor. Continue reading here.… Continue Reading
The US Department of Commerce issued a final rule on April 8, 2021, adding seven Chinese technology companies to the Entity List. The seven companies are:… Continue Reading
International M&A practitioners are used to dealing with CFIUS for any transaction involving assets in the US. The Europeans M&A practitioners are, however, catching up, and many multijurisdictional deals will now face clearance in a number of countries. The latest addition to the list, the UK National Security and Investment Bill, is broad in scope … Continue Reading
On January 15, 2021, the US Department of Commerce’s Bureau of Industry and Security (BIS) published an Interim Final Rule imposing new restrictions requiring licenses for certain transactions involving “military-intelligence end uses” or “military-intelligence end users” in China, Russia, Venezuela or a country listed in Country Group E:1 or E:2. It is important to note … Continue Reading
In the week of February 1, 2021, here are key developments in transatlantic trade: The EU’s COVID-19 vaccine export control mechanism is unable to escape ongoing criticism and a proposal was raised that would invoke Article 16 of the Northern Ireland Protocol, increasing UK-EU tension Lawmakers in the US attempt to move the “American Rescue … Continue Reading
** UPDATE: On February 5, 2020, the FAR Council “corrected” the effective date of the Final Rule from January 21, 2021, to January 19, 2021. This alert has been updated accordingly. ** Recent modifications to regulations and federal government acquisition policies portend big change for contractors across the US, and their suppliers around the world. … Continue Reading
This week in transatlantic trade: Countries on both sides of the Atlantic are accelerating their efforts to stave off the spread of the COVID-19 variants by speeding up vaccination and adding travel restrictions The EU intends to increase export transparency on COVID experimental vaccines produced within its boundaries; and the European Commission is going to … Continue Reading
The latest edition of our transatlantic export controls and sanctions wrap-up is now 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
On October 13, 2020 the World Trade Organization (WTO) issued its latest ruling in the long-standing Boeing-Airbus dispute, granting the EU the authority to impose compensatory tariffs totaling up to US$4 billion on US goods in response to allegedly illegal subsidies provided to Boeing. Once again, US exporting companies find themselves in the crosshairs, as … Continue Reading
Status: Clearance 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
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
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
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
The security of the bulk-power system has long been an issue of deep concern in the US. On May 1, 2020, President Trump issued an Executive Order (EO) on Securing the United States Bulk-Power System. The EO created uncertainty and peril for US power companies.… Continue Reading
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
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
