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USITC Finalizes Changes to Section 337 Procedural Rules

On May 8, 2018, the US International Trade Commission (ITC) completed the process that began in 2015 to change the rules governing its practice and procedures with respect to Section 337 investigations – the investigations that the ITC conducts under 19 U.S.C. § 1337 based on private party complaints against imported articles that allegedly violate … Continue Reading

OFAC Amends and Reissues North Korea Sanctions Regulations

On 1 March, the Office of Foreign Assets Control (OFAC) announced the amendment and reissuance in its entirety of the North Korea Sanctions Regulations, 31 C.F.R. part 510. These regulations were updated to reflect and incorporate the North Korea-related executive orders issued in recent years and additional changes to North Korea-related laws, specifically the North Korea Sanctions and Policy Enhancement … Continue Reading

BIS Denial Order Against ZTE

Effective 15 April 2018 until 23 March 2025, the US Department of Commerce Bureau of Industry and Security (BIS) imposed a denial order of export privileges against Zhongxing Telecommunications Equipment Corporation of Shenzhen, China (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (ZTE Kangxun) (collectively, ZTE). Additionally, both entities were added to the BIS Denied Persons List, … Continue Reading

OFAC Issues New Russia-/Ukraine-related Designations

On 6 April, the Office of Foreign Assets Control (OFAC) designated seven Russian oligarchs, 12 companies they own or control, 17 senior Russian government officials and a state-owned Russian weapons trading company and its subsidiary, a Russian bank, pursuant to Executive Order 13661, 13662 and the Countering America’s Adversaries Through Sanctions Act (CAATSA). According to the US Department of Treasury, … Continue Reading

Proposed CFIUS Law Will Impose New Export Controls on US Businesses

The Foreign Investment Risk Review Modernization Act of 2017 (S. 2098/H.R. 4311, FIRRMA for short) was introduced in Congress to reform the national security review of foreign acquisitions of US businesses by the Committee on Foreign Investment in the United States (CFIUS or the Committee). However, FIRRMA extends well beyond this purpose of reviewing acquisitions … Continue Reading

OFAC Releases CAATSA Reports to Congressional Committees

On 29 January 2018, OFAC announced that it released five reports to Congressional Committees pursuant to the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA). The reports include (1) Section 241: Report on Senior Foreign Political Figures and Oligarchs in the Russian Federation; (2) Section 104(e): Report on Contributions to Iran’s Ballistic Missile Program; … Continue Reading

OFAC Announces New North Korea-Related Designations

On 24 January 2018, OFAC designated nine entities, 16 individuals and six vessels “in response to North Korea’s ongoing development of weapons of mass destruction (WMD) and continued violations of United Nations Security Council Resolutions”. The designations “target agents of the Kim regime financing or otherwise supporting North Korea’s WMD programs and other illicit businesses”.… Continue Reading

OFAC Announces New Iran-Related Designations

On 4 January 2018, OFAC designated five Iran-based entities “subordinate to a key element of Iran’s ballistic missile program”. OFAC designated these entities pursuant to EO 13382 for being owned or controlled by Iran’s Shahid Bakeri Industrial Group (SBIG). The SBIG is listed in the Annex to EO 13382 and is currently sanctioned by the … Continue Reading

OFAC Announces New Venezuela-Related Designations

On 5 January 2018, OFAC designated four current or former Venezuelan government offcials pursuant to EO 13692 for their alleged role in undermining electoral processes, media censorship, or corruption in government-administered food programs in Venezuela. Included among the individuals designated was Rodolfo Clemente Marco Torres, who is an External Director on the Board of Directors … Continue Reading

OFAC Announces New Regulation Implementing the Sergei Magnitsky Act

OFAC announced new regulations implementing certain provisions of the Sergei Magnitsky Rule of Law Accountability Act of 2012 (Magnitsky Act) on 20 December 2017. The regulations became effective upon publication in the Federal Register on December 21. OFAC also announced the addition of five designations to the SDN List pursuant to the Magnitsky Act.… Continue Reading

President Trump Issues Global Magnitsky Executive Order

On 20 December 2017, President Trump issued EO 13818, authorising the imposition of financial sanctions against designated persons determined to be directly or indirectly engaged in certain human rights abuses or corrupt acts around the world. OFAC subsequently released new Frequently Asked Questions and published updated designations.… Continue Reading

OFAC Publishes Amended Iraq Stabilization and Insurgency Sanctions Regulations

Effective 28 December 2017, US Treasury’s Office of Foreign Assets Control (OFAC) amended the Iraq Stabilization and Insurgency Sanctions Regulations, 31 CFR part 576, to implement Executive Order (EO) 13668 (“Ending Immunities Granted to the Development Fund for Iraq and Certain Other Iraqi Property and Interests in Property Pursuant to Executive Order 13303, as amended”). … Continue Reading

Trump Administration Announces Extension of Waivers of Iran Sanctions

In a statement issued 12 January 2018, President Trump announced that his administration was extending the waivers of certain secondary sanctions against Iran originally adopted on implementation of the Joint Comprehensive Plan of Action agreement (JCPOA) on Iran’s nuclear program. Trump stated that the move not to reinstate sanctions against Iran is to allow for … Continue Reading

US Commerce Department Implements Inflationary Adjustments to Civil Monetary Penalties

Pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the US Commerce Department announced its annual inflationary adjustments to the maximum civil monetary penalties under its jurisdiction. These include, among others, civil monetary penalties issued under the Export Administration … Continue Reading

Domestic Industry Lesson For Section 337 Litigants

The requirement of establishing a “domestic industry” in articles protected by a patent is a unique and important aspect of Section 337 litigation. Judge Shaw recently released an order denying the complainant’s request for summary judgment on the economic prong of the domestic industry requirement in Certain Road Milling Machines and Components Thereof, Inv. No. 337-TA-1067 … Continue Reading

USITC Designates Investigation for Early Disposition

On January 17, 2018, the US International Trade Commission’s (USITC) Notice of Institution designated Certain IOT Devices and Components Thereof (IOT, The Internet of Things)—Web Applications Displayed On A Browser, Inv. No. 337-TA-1094 for early disposition. This is just the sixth such designation the USITC has made since the program was implemented and comes after four … Continue Reading

BIS Clarifies Use of EAR Licence Exceptions GOV and STA

BIS has published a final rule, effective 1 November 2017, which clarifies two licence exceptions in the Export Administration Regulations (EAR). They are the licence exception for governments, international organisations, international inspections, and the International Space Station (GOV) and for Strategic Trade Authorization (STA). The rule does not change any EAR requirements for the use … Continue Reading

OFAC and BIS Amend Cuba Sanctions Regulations

OFAC and US Department of Commerce’s Bureau of Industry and Security (BIS) have each issued new regulations implementing President Trump’s June 2017 National Security Presidential Memorandum on Cuba (the “Cuba NSPM”). On 9 November, OFAC published amendments to the Cuban Assets Control Regulations (31 C.F.R. Part 515) in the Federal Register. The amendments implement the … Continue Reading

New Venezuela-Related Frequently Asked Questions

The US Department of Treasury’s Office of Foreign Assets Control (OFAC) has published two new Frequently Asked Questions (FAQ) concerning economic sanctions adopted in August against the Government of Venezuela, under Executive Order (EO) 13808. The first FAQ explains the treatment of Petroleos de Venezuela, S.A. (PdVSA), a state-owned entity, under EO 13808. The second … Continue Reading

FinCEN Issues Final Rule Further Restricting North Korean Access to the US Financial System

On 2 November, the US Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) announced the issuance of a final rule severing the Chinese financial institution Bank of Dandong from the US financial system. FinCEN found Bank of Dandong to be of primary money laundering concern under the USA PATRIOT Act, in connection with activities by … Continue Reading

USITC Denies Entry into Early Disposition Pilot Program for Three More Cases

The US International Trade Commission (USITC) denied requests to enter Certain Insulated Beverage Containers, Components, Labels, and Packaging Materials Thereof, Inv. No. 337-TA-1084 (Nov. 17, 2017); and the companion cases of Certain Color Intraoral Scanners and Related Hardware and Software, Inv. No. 337-TA-1090 and 337-TA-1091 (Dec. 14, 2017) into the USITC’s pilot program for early case disposition. Our sister publication, the Global IP & … Continue Reading

US House of Representatives Holds CFIUS Hearing

On Thursday, December 14, 2017, the House Financial Services Subcommittee on Monetary Policy and Trade held a hearing titled “Examining the Operations of the Committee on Foreign Investment in the United States (CFIUS).”  The hearing focused on CFIUS’s current effectiveness, the challenges it faces in the current economic environment, and potential improvements to increase its … Continue Reading
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