Tag Archives: China

New Restrictions on Military-Intelligence End Use and End User

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

Transatlantic Trade Week in Rewind (Week of February 1, 2021)

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

This Week in Transatlantic Trade

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

China Bolsters Foreign Direct Investment (FDI) Review Framework, Identifies New Areas of Security Concern

The People’s Republic of China (PRC or China) established a foreign investment security review in 2011 that focused exclusively on the merger and acquisition of domestic companies by foreign investors in a notice issued by the State Council (the 2011 Notice)1. On December 19, 2020, the National Development and Reform Committee (NDRC) and the Ministry … Continue Reading

China MOFCOM Issues First Order of 2021 – Counteracting Unjustified Extra-Territorial Applications of Foreign Laws

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 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

Trump Flexes Executive Muscle to Address Chinese Military Threat

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

US Accessibility to WeChat and TikTok in Danger of Being Eliminated – Interview by Legal Talk Today

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

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

It’s August in an Election Year – No Rest for the Trump Administration on Trade Actions

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

TikTok and WeChat Targeted by Latest Trump Administration Executive Orders

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

Imports From Hong Kong May Soon Face Section 301 Tariffs

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

Section 889(a)(1)(B) of the 2019 NDAA: Interim Final Rule Prohibiting Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment

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

Streaming Live: Trade Compliance and Emerging Policy – July 23-24, 2020

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

Considerations for Post-COVID-19 Trade in the World of New Normal

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

US Needs to Participate and Lead 5G Standards-setting; Huawei Gets a Pass

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

Join Us on May 28, 2020: The Future of US-UK Trade — Who Will Come Out a Winner?

“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

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
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