On Saturday 9 January 2021, the PRC Ministry of Commerce (MOFCOM) issued MOFCOM Order No. 1 of 2021 on Rules on Counteracting Unjustified Extra-Territorial Applications of Foreign Legislation and Other Measures (the Rules). The Rules specify that they were formulated pursuant to the PRC National Security Law for the express purpose of “counteracting the impact … Continue Reading
What are international sanctions? What are primary and secondary sanctions? What are extraterritorial effects and how will that impact multinational operations? The changing international sanctions regulations produce dizzying regulatory landscape, and complex as well as confusing compliance environment. To help lift the curtain a bit on this topic, Trade Practitioner José María Viñals (partner, Madrid/Brussels), also … Continue Reading
On December 23, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule that identified 57 Chinese companies and 45 Russian companies as “military end users,” limiting their ability to purchase certain US goods and technology (MEU List).… Continue Reading
After several rounds of revisions, China finally adopted its first Export Control Law (ECL), which went into force on December 1, 2020. In general, we consider the ECL general, vague and hard to be implemented in practice without further adopting implementation rules. It incorporates many concepts from the US export control laws, but with few … Continue Reading
On November 12, 2020, the President signed an Executive Order (EO) on “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The EO generally prohibits any transaction in publicly traded securities, or any securities that are derivative of, or are designed to provide investment exposure to such securities, of any Chinese military … 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
The Latest – Our blog post attracted the attention of the host and producer of the podcast Legal Talk Today. George Grammas, co-chair of our International Trade Practice, spoke to Legal Talk Today in early October about the extended impacts that could result from banning these applications in the US market. Listen to the interview … Continue Reading
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
The 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
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 … Continue Reading
Here is your opportunity to be part of the biggest trade compliance conference of the year from the comfort and safety of wherever you might be. Streaming live from Washington DC and London on July 23 and 24, Content Enablers has convened a select panel of high-level government and industry policy leaders – featuring Matt … Continue Reading
On May 20, 2020, the US Department of Commerce’s (Commerce) National Oceanic and Atmospheric Administration (NOAA) published in the Federal Register a Final Rule and request for comments on new regulations on the licensing policy of private remote sensing space systems. The new Final Rule follows a proposed rule that Commerce published in the Federal … Continue Reading
On May 5, 2020, the European Commission published (i) the Communication of the Action Plan (AP) for a comprehensive EU policy on the prevention of money laundering and financing terrorism (AML/CFT); (ii) the Delegated Regulation updating the countries identified as high risk countries for AML/CFT; and (iii) the methodology for the identification of high risk … Continue Reading
On June 18, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register, a new interim final rule that amends the Export Administration Regulations (EAR) (15 CFR Parts 730-774) by excluding from the additional licensing requirements imposed by the designations of Huawei organization on the Entity List releases … 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
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
On April 10, 2020, the Federal Emergency Management Agency (FEMA) published a temporary final rule to restrict the US exports of personal protective equipment (PPE) in order to preserve certain scarce medical resources for the domestic battle against the coronavirus disease 2019 (COVID-19).… Continue Reading
On April 6, 2020, the US Department of State’s Directorate of Defense Trade Controls (DDTC) announced it had revised two published Frequently Asked Questions (FAQs). The revised FAQs address US persons abroad and requests for authorization to provide defense services. The FAQs read: (1) If I request authorization for defense services that describe my current … Continue Reading
In recent years, we have witnessed the rise of international sanctions and the increase of export and import controls. This, together with the blocking regulation (with which third countries try to mitigate the extraterritorial effects of US sanctions) has added uncertainty to international trade.… Continue Reading
In a rapidly changing business environment, the trade compliance practitioner’s expertise will be needed to safely navigate mergers, acquisitions and different types of partnerships with foreign entities.… Continue Reading
On January 6, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) published an interim final rule amending the Export Administration Regulations (EAR) to make software specially designed to automate the analysis of geospatial imagery subject to the EAR and to impose a requirement of a license for the export and reexport of such software. The … Continue Reading
