On June 10, 2021, the People’s Republic of China adopted the Anti-Foreign Sanctions Law (the “Law”). The main purpose of the Law is to provide a legal basis for China to adopt retaliatory measures against any so-called “discriminatorily restrictive measures” that may be imposed by foreign countries against Chinese organizations and citizens (the “Foreign Sanctions”).… Continue Reading
The new EU regulation on export control of dual use goods has been published in the EU official journal. It means that the upgraded controls over exports of dual use items will enter into force on September 9, 2021. Continue reading below our previous analysis of the details of this new regulation and all changes … Continue Reading
On March 29, 2021, the US Department of Commerce, Bureau of Industry and Security (BIS) published a Final Rule in the Federal Register amending the Export Administration Regulations (EAR) to reflect the remaining approved 2019 changes to the dual-use controls adopted during the 2019 Wassenaar Arrangement Plenary Meetings. … Continue Reading
On January 29, 2021, Department of Commerce’s Bureau of Industry and Security (BIS) announced an Administrative Settlement of $3.2 million (partially suspended) with Singapore-based Avnet Asia Pte. Ltd. (Avnet Asia), a global distributor of electronic components and related software.… Continue Reading
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
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
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 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 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
Watch the recording of the kickoff event on November 4 at the Schar School of Policy and Government at George Mason University. Speakers: Matt S. Borman – Deputy Assistant Secretary of Commerce for Export Administration Candace Goforth – Former Director of Defense Trade Controls Policy Tracy J. Minnifield – Director, Licensing, Defense Technology Security Administration Catherine Hamilton, … Continue Reading
On September 16, 2019, the EU issued a council decision amending the Common Position 2008/944/CFSP and defining the common rules governing control of exports of military technology and equipment. … Continue Reading
Keep US Open to Chinese Business: 维持一个对华企业开放的美国： How to Cope With Strengthened US Export Controls and CFIUS 应对日趋严格的美国出口管制和CFIUS审查的实务指南 Friday, October 11, 2019 – Shanghai (2019 年10月11日，周五 – 上海) Tuesday, October 15, 2019 – Beijing (2019 年10月15日，周二 – 北京)… Continue Reading
Ahead of the Curve: Addressing the Changing Environment of US-China Trade Compliance and Export Controls Thursday, October 10, 2019 – Shanghai Monday, October 14, 2019 – Beijing… Continue Reading
Accessing the US Market: Regulatory and Policy Insights and Strategic Advice for Japanese Investors Wednesday, October 9, 2019 – Chiyoda-ku, Tokyo 9:30 am to 12:30 pm JST. Event includes lunch. … Continue Reading
George Grammas’s presentation on “Strengthening Trade Compliance in Line with Recent Legislative Developments and Impacts to Controls via an Examination of Extraterritorial Applications, Order of Review, and Classification” is now available in our Learning Center, in which you can also find other training resources and information.… Continue Reading
On May 22, 2019, the US Department of Commerce, Bureau of Industry and Security (BIS) is expected to publish in the Federal Register a Final Rule creating a 90-day Temporary General License (TGL) for Huawei Technologies Co., Ltd. (Huawei) and the 68 affiliated Huawei entities (collectively, the “Huawei Listed Companies”) that were added to the … Continue Reading
Congratulations to the National Association of Manufacturers’ Manufacturers’ Compliance Institute for the 2018 Corporate Counsel In-House Innovator Award!… Continue Reading
On August 14, 2018, legislation reforming the Committee on Foreign Investment in the United States (CFIUS), the Foreign Investment Risk Review Modernization Act (FIRRMA), and dual-use export controls, the Export Controls Reform Act (ECRA), were signed into law as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) (H.R. … Continue Reading
On May 22, shortly before the US Memorial Day holiday weekend, the US House and Senate committees with jurisdictions over foreign investments in the US unanimously passed their respective legislations that would greatly expand the authority bestowed on the Committee on Foreign Investment in the United States (CFIUS). The bipartisan, bicameral effort introduced the Foreign … Continue Reading
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
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
