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). Prior Amendment to MEU Rule In April … 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 – 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
A complimentary invitation for the European Society of International Law (ESIL), Economic Law Interest Group’s online workshop, “International Economic Law between Emergencies and Reforms” for September 9, 2020 from 9:30-17:00 CEST is enclosed.… 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
Despite the Congressional recess and continued focus on COVID-19 economic relief, Trump officials announced several major trade actions over the last week that could impact global trade and supply chains. Here is a quick round-up of recent developments and what may be coming next.… 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
On Tuesday, August 11, U.S. Customs and Border Protection (“CBP”) is scheduled to publish a notice in the Federal Register that could end the ability of manufacturers based in the Hong Kong Special Administrative Region (“Hong Kong”) of the People’s Republic of China (“China”) to avoid the tariffs imposed on Chinese products by the Trump … Continue Reading
The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration has published an interim final rule implementing section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232, the 2019 NDAA).¹ ² This interim final rule is effective August 13, 2020 and interested … 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
The corona pandemic, the ongoing Brexit and the emerging dominance of China in global markets are among the issues that pose multifaceted challenges for international trade relations. At a time when new Free Trade Agreements are being negotiated, we would like to examine how international trade can be shaped in the “World of New Normal” … 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
“We are going to win so much” is a staple soundbite from President Donald Trump, and also representative of his administration’s approach to international negotiations. President Trump favors bilateral trade deals and has been optimistically touting the US as the UK’s first FTA partner after Brexit. From the UK’s perspective, Prime Minister Boris Johnson also … 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
Effective at midnight China Standard Time on Saturday, March 28, 2020, China is temporarily suspending the entry of foreign nationals who hold a valid ordinary visa or residence permit.… Continue Reading
We have a global effort to help businesses understand the variety of impacts, on the legal, regulatory and commercial fronts, caused by the COVID-19 coronavirus.… Continue Reading
On January 30, 2020, the World Health Organization (WHO) declared that the novel coronavirus (2019 n-CoV) is a public health emergency of international concern (PHEIC). Countries have, therefore, been asked to report outbreaks of the virus and to keep the WHO informed of any measures being taken.… 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
On October 8, 2019, the Secretary of State announced visa restrictions on Chinese government and Communist Party officials believed to be responsible for, or complicit in, the detention or abuse of Uighurs, Kazakhs or other members of Muslim minority groups in Xinjiang, China. Family members of named persons may also be subject to these restrictions. The visa restrictions support the Department … Continue Reading
